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R v Shah [2022] NSWDC 500

The offender was sentenced following a conviction for 1 count of attempting to possess a marketable quantity of a border controlled drug contrary to ss 307.6(1) and 11.1(1) of the Commonwealth Criminal Code. Offending related to 332.2 grams of pure cocaine.

Nature and Circumstances: Offender attempted to collect a package sent from South Africa. Offender either knew or expected there to be drugs in the package which they went to collect. Although substantially over the minimum marketable quantity threshold, the quantity of border controlled drug in the present matter is well short of the commercial quantity threshold of 2 kilograms. Offender’s role was not anything above a collector and passer-on of the contents of the package which they went to collect. The objective seriousness of this offence falls below the mid-range of offending.

Mental Condition: Although offender appeared low in mood and described feeling anxious, sad, and worried about the future, they did not present with any features indicating a major depressive disorder or psychosis. The offender operates in the ‘cognitively competent’ domain and does require any community support.

Family and Dependants: Offender’s immediate family and their family members in Tanzania to whom offender sends sums of money will suffer hardship as a consequence of offender’s inevitable incarceration.

Offender sentenced to 5 years and 11 months of imprisonment with a non-parole period of 2 years and 11 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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