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R v Lee [2018] ACTSC 21

sentence — attempting to possess a commercial quantity of a border controlled drug offence contrary to ss 11.1(1) and 307.5(1) of Commonwealth Criminal Code — nature and circumstances of offence — s 16A(2)(a) — although offending not sophisticated, offender  deliberately attempted to conceal packages — offender flew from Perth to Canberra to obtain package — guilty plea — s 16A(2)(g) — conflict between approach to guilty plea taken in R v Harrington [2016] ACTCA 10 and approach taken in Victorian and New South Wales decisions of Director of Public Prosecutions (DPP) v Thomas [2016] VSCA 237 and Xiao v The Queen [2018] NSWCCA 4 — in Victorian and New South Wales cases, utilitarian value of guilty plea taken into account — Harrington held that, utilitarian value not to be taken into account — sentencing judge “bound by Harrington” and “but for Harrington, [sentencing judge] would have applied a discount of 20%” — deportation — likelihood of deportation not taken into account — offender sentenced to 6 years and 9 months’ imprisonment with 4 year and 9 month non-parole period
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