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R v Shaktu [2018] SASCFC 77

appeal against sentence — importing a marketable quantity of border controlled precursor namely 367.8 grams of pure pseudoephedrine offence contrary to s 307.12 of Commonwealth Criminal Code — original sentence imposed 3 years’ and 6 months imprisonment with 2 year non-parole period — contrition — s 16A(2)(f) — sentencing judge stated in judgment “You have shown no contrition for this offending, pleading not guilty and going to trial. That tempers your claim to have rehabilitated yourself” — offender submitted that these remarks indicate that offender’s decision to plead not guilty and insist on trial played some role in counterbalancing lengthy period of good behaviour — nothing in remarks indicates that sentence increased on account of offender pleading not guilty and contesting matter at trial — when read in context clear that sentencing judge was balancing offender’s prospects of rehabilitation against offender’s lack of contrition — offender played essential role in serious drug importation and has not expressed contrition — no process error made out — sentence comparable to and lenient compared to sentences imposed by other courts for similar Commonwealth offending — appeal dismissed
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