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R v Lipovac [2022] NSWDC 649

The offender was sentenced following pleas of guilty to 1 count of attempting to possess a commercial quantity of a border controlled drug contrary to ss 307.5(1) and 11.1(1) of the Commonwealth Criminal Code and 1 count of dealing with money that was and was believed to be proceeds of crime where the value of the money was $100,000 or more contrary to s 400.4(1) of the Commonwealth Criminal Code. An additional proceeds of crime offence was taken into account under s 16BA. Offending related to 346.2 kilograms of 3,4-metheylenedioxymethamphetamine (MDMA).

Nature and Circumstances: The amount of the drugs was substantial; being ore than 690 times the commercial quantity. Offender knew that the quantity involved was substantial and had a substantial value but did not know the exact quantity or identity of the drug involved. Offender played a relatively minor but essential role. Offender’s role was well below that of Maaz. The amount of the cash the subject of the proceeds of crime offence, $799,400, is well above the $100,000 threshold. The money laundering offence was not isolated offending. Offender became involved in the offences as a result of non-exculpatory duress to clear their brother’s debt with an outlaw motorcycle gang and to protect their family.

Rehabilitation: Offender is genuinely contrite. The need for specific deterrence is significantly reduced as offender has good insight into the circumstances that led to offending, has been a model prisoner, has undertaken drug rehabilitation courses and remained abstinent, is receiving treatment for their mental health and is actively engaged with their psychologist, and has good support from their family, employer, and friends. Offender is unlikely to reoffend. Offender has excellent prospects of rehabilitation.

Offender sentenced to 7 years imprisonment with a non-parole period of 4 years.
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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