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R v Lock [2022] NSWDC 380

The offender was sentenced following a plea of guilty to 1 count of attempting to possess a commercial quantity of an unlawfully imported border-controlled drug contrary to ss 11.1(1) and 307.5(1) of the Commonwealth Criminal Code. An additional offence of dealing in identity information for the purpose of committing a Commonwealth indictable offence was also taken into account under s 16BA. Offending related to 3.85 kilograms of pure ketamine.

Nature and Circumstances: Offender’s role in the organisation was limited to involvement over 2 to 3 days and involved 1 attendance at the post office. Offender’s involvement was such that they were likely to be identified. Offender was offered a significant sum of money for their limited involvement because of the risk of detection. Offender acted under direction. The amount of drug involved was significant, being 3.85 times the commercial quantity. Offender did not have actual knowledge of what was in the package, including that it was drugs. Offender was at the very bottom of the hierarchy of the organisation.

Rehabilitation: Offender has accepted responsibility for their offending conduct and expressed remorse. Offender has good prospects of rehabilitation and presents a very low risk of re-offending. Offender understands the reasons that led to the offence and are committed to avoiding a repeat of the circumstances. They do not have any condition that predispose them to recidivism. Offender has strong pro-social support from family in Malaysia, where they will return on their release. Offender has demonstrated good behaviour in custody.

Hardship: Offender has suffered social isolation in custody as a result of the COVID-19 pandemic and their limited English skills. They have also suffered intimidation and racism in custody. The conditions of their incarceration have been difficult. Offender’s incarceration has had a negative impact on their elderly uncle who relies on the offender for financial support.

Offender sentenced to 3 years and 3 months imprisonment with a non-parole period of 20 months.
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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