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R v Luiz Diego Mouzinho de Lima [2020] NSWDC 249

sentence — importing a marketable quantity of a border controlled drug offence contrary to s 307.2(1) of the Commonwealth Criminal Code — offence related to 904.3g of pure cocaine — guilty plea — s 16A(2)(g) — contrition — s 16A(2)(f)(ii) — is utilitarian benefit that flows from the early plea of guilty — plea reflects more than only recognition of inevitable — plea demonstrates genuine remorse, acceptance of responsibility and a willingness to facilitate the course of justice — offender expressed remorse in evidence and to others, with expression presented as fulsome and genuine — gave evidence of actual knowledge and payment, both these aspects against offender’s interest and would have otherwise been difficult for prosecution to establish — nature and circumstances of the offence — s 16A(2)(a) — offender’s role to be determined based upon scrutiny of what they did and when they did it — had direct contact with sender of consignments — to accept their acts and the extent of their involvement is to recognise the important of their role but also to recognise that it is not demonstrative of higher status within the syndicate — offender involved for financial gain to pay for medical treatments for recurrence of Hodgkin’s lymphoma— offence assessed as serious and one that falls just below the mid-range for an offence of this type — sentencing judge accepted that personal issues caused offender to engage in uncharacteristic activities — regard this as minimally lessening moral culpability — co-operation — s 16A(2)(h) — offender made some admissions to police which, to a limited extent, are to their advantage — to be remembered that offender arrested in possession of the substituted drugs, police had access to their messages and they lied about some aspects of their involvement — the prevailing circumstances allow for plea to be recognised by reduction in sentence of 25% — hardship to the offender — sentencing judge accepted that offender’s conditions in custody must be more onerous given the limited opportunity for visits from family — character — s 16A(2)(m) — offender of prior good character with no prior convictions — sentencing judge did not determine that good character should be limited in any way or that it was utilised in commission of offender — rehabilitation — s 16A(2)(n) — assess offender’s risk of recidivism as low, offending presents as an aberration — excellent prospects of rehabilitation — specific deterrence — s 16A(2)(j) — evidence enables sentencing judge to be satisfied that offender unlikely to re-offend and personal deterrence is of limited significance — general deterrence — s 16A(2)(ja) — importance of general deterrence and denunciation and importance of reducing level of access to illicit drugs due to the enormous damage inflicted by them upon society — these drugs were not disseminated into the community — sentence — imposed 7 years imprisonment with a 4 year non-parole period
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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