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R v Ostrowski; Ex parte A-G (Cth) [2018] QCA 62

appeal against sentence — importing commercial quantity of border controlled drug contrary to s 307.1 of Commonwealth Criminal Code — original sentence imposed 8 years’ imprisonment with 2 year and 6 month non-parole period — objective seriousness — by objective measure importation of more than three kilograms of pure methamphetamine very large importation — offender’s conduct in facilitating bad by any objective standard — nature and circumstances of offence — s 16A(2)(a) — offender did not know quantity imported, that was risk offender took by becoming engaged in the activity — ready, willing and able to undertake essential role in importation of large quantity of methamphetamine since prepared to receive package containing cocaine, offender expected to be given money and drugs for personal use in recompense — manifest inadequacy — within discretion of sentencing judge to impose materially less severe sentence upon offender than sentences imposed in other cases raised — non-parole period appears excessively lenient when regard is had to non-parole periods in other cases notwithstanding offender’s more favourable circumstances — for offending of this nature and seriousness, necessary deterrent and punitive effects of sentence not sufficiently reflected in such term of imprisonment when coupled with non-parole period as short as two years six months — sentence itself reveals there must have been error of principle — appeal allowed — offender resentenced to same head sentence with 4 year non-parole period
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