Site Logo

R v Schmidt [2018] QCA 59

appeal against sentence — conspiring with others to traffic in a commercial quantity of a controlled drug contrary to ss 11.5(1) and 302.2(1) of Commonwealth Criminal Code — original sentence imposed 12 years’ imprisonment with 7 year and 6 month non-parole period — offence involved three co-offenders who met with undercover AFP operatives who pretended to be large scale distributors of cocaine — other co-offenders pled guilty — parity — sentencing judge considered offender’s criminality more serious than co-offenders — no error by sentencing judge in description of respective roles of co-offenders — offender’s criminality was more serious and offender did not have substantial mitigating factor of plea of guilty — objective seriousness — sentencing judge correct in considering impossibility of trafficking in substance supplied by AFP — that consideration did not mean that offence not serious — sentence should act as strong general deterrent as well as a heavy punishment for a party who intended to traffic large quantities of dangerous drug — offender’s culpability no less for fact that potential suppliers were AFP officers — relevant test whether involvement of police diminished offender’s culpability — leave to appeal refused — appeal dismissed
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.

© 2023 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions

top-arrow