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R v MT [2022] ACTSC 136

The offender was sentenced following a guilty plea to 1 count of importing a marketable quantity of a border-controlled drug contrary to s 307.2(1) of the Commonwealth Criminal Code. Offending related to approximately 12.32 grams of pure MDMA. Offender also sentenced to a territory offence.

Nature and Circumstances: It might fairly be said that the quantities are at the lower end of the quantities contemplated by the legislation prohibiting such imports . The quantities and the other relevant material do no reveal offender to be a large scale drug distributor, but a small scale one. Offender had some knowledge of the consequences of such activity. Offender, at the age of 17, was well on notice of the consequences of being involved in the importation of drugs, the use of drugs or the distribution of drugs. There is no indicia of wealth or great financial advantage. Offence reflects no degree of sophistication, except being able to negotiate the ‘dark web’.

Antecedents: At the time of  arrest the offender had no prior criminal convictions or findings of guilt, however, it was the case that the day before their arrest, but after the commission of the acts relevant to the offence, they had committed very serious crimes of violence. The drug offences for which they had been previously sentenced were relatively minor matters but consistent with the character of the drug offending. Offender comes before the Court now not as a person of good character.

Rehabilitation: During offender’s incarceration, they have completed year 12 and are currently undertaking a course in horticulture. Offender is reported as a ‘dedicated student’ and has been respectful towards other students and staff.  Offender has engaged in prosocial activities, completed other training programs and demonstrated positive behavioural change throughout his time in custody. . Offender has taken full responsibility for their offending. Whilst the offender should be seen as a work in progress, there are certainly very positive signs and they should be given credit for the progress made. An actuarial risk assessment instrument as been applied and their general risk of re-offending is regarded as ‘low’.

Offender sentenced to 1 year 8 months imprisonment to be released after 4 months upon entering a $500 recognizance release order to be of good behaviour.
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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