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R v Maraivalu

The offender was sentenced following a plea of guilty to 1 count of attempting to possess a border controlled drug being not less than the commercial quantity contrary to the Commonwealth Criminal Code. The offence related to 7.17kg of pure methamphetamine.  

Nature and Circumstances: Involvement in illegal drug trafficking at any level will in most cases require very significant penalties. This applies even when a person is low in the hierarchy as the offender is because without them, prepared to carry out important tasks, drug trafficking could not take place. Offender’s role was clearly limited and they were tasked with risky job of actually collecting the package from the post office and taking it to their home. In collecting the package the offender was clearly aware that they were participating in a criminal enterprise. The offender is only to be sentenced for what they actually did. The offender performed a limited but important role in acting as the authorised agent. While the offender knew that the documents they presented to the post office were false, it is not beyond reasonable doubt that they were responsible for preparing those documents. Offender carried out role with expectation that they would receive some type of financial gain.  

Mental Condition: At time of offending, offender was affected by major depressive disorder, generalised anxiety disorder and alcohol use disorder. There was no causal link between the offending and any suggested psychological condition. Any psychological condition was not such as to reduce the offender’s moral culpability which must be regarded as at least moderate. This does not appear to be a case where a custodial term will impact on the offender more adversely than it would a person with ongoing psychological conditions of a serious nature.  

Contrition: Offender tended to minimise involvement in offence and attributed most of the blame to a friend they said they were assisting. Offender said alcohol impaired decision-making and that they wished to address their alcohol use in the future. Offender expressed some regret for offence and an understanding of potential impact on the community. Offender has expressed limited remorse.  

Offender sentenced to 8 years and 9 months imprisonment with a non-parole period of 4 years and 6 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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