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R v Pink [2021] NSWDC 47

The offender was sentenced following a plea of guilty to 1 count of attempting to possess a marketable quantity of unlawful import border-controlled drug contrary to s 307.2(1), 311.1 with s 11.1 of the Commonwealth Criminal Code. The offence related to 854.4g of pure ketamine. Offender was sentenced for additional State offences.  

Nature and Circumstances: Offending was objectively serious. Offender played an integral role in offending, first, by obtaining agreement of a co-worker to provide an address for delivery of the consignment of border-controlled drugs. Secondly, offender prepared false authority for collection of consignments from the post office and was involved in arrangements relating to collection of border-controlled drugs from the post office. While co-offender entered post office and collected consignments, offender was seated in car nearby and was immediately arrested by police. Offender played active role as facilitator of attempted possession and was not a collector. By comparison to other entrepreneurial operations of importing drugs, this operation was relatively unsophisticated. Offender was a trusted intermediary. Offender was reckless as to the consignment being any border-controlled drug.  

Physical Condition: Offender has had number of seizures. Diagnosis remains provisional. Offender suffers serious medical condition. Given the uncertainty surrounding diagnosis and unavailability of immediate testing and treatment, time on remand has been stressful. Any sentence imposed will be served in conditions more onerous for the offender than the general prison population.  

Rehabilitation and Deportation: Offender has good prospects of rehabilitation. Assistance will hopefully be provided in terms of drug and alcohol rehabilitation courses while in custody. Provided offender does not relapse into drug abuse, offender presents as low risk of re-offending following release. Upon release offender will of course be deported to the UK  

Offender sentenced to 4 years and 6 months imprisonment with 2 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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