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R v Smith [2022] NSWDC 474

The offender was sentenced following a plea of guilty to 1 count of trafficking a marketable quantity of a controlled drug contrary to s 302.3(1) Commonwealth Criminal Code. Offending related to 544.6g of pure cocaine. Additional proceeds of crime and drug offences were taken into account under s 16BA.   Hardship: There were lockdown conditions in place for about 143 days of the time in which offender has been incarcerated. Lockdown conditions mean that there are no visits, no telephone calls and no AVL appearances or conferences; offenders were locked in their cells and do not have access to television or buy-ups or programs. Offender had previously been the subject of an assault in custody. Nature and Circumstances: The quantity involved in this case, whilst approximately 2.17 times the threshold for the marketable quantity, is towards the lower end of the range applicable to a marketable quantity. Offender’s involvement in the offence covered a relatively short period of time. Whilst offender participated in the offence, they did not seem to instigate it. Offending was relatively unsophisticated. Rehabilitation: Offender has a criminal history, including a serious drug supply offence and a proceeds of crime offence, for both of which they received custodial sentences. Offender was under significant financial strain at the time of the offences. Offender has prospects of rehabilitation. Offender has conducted themselves responsibly in custody and seems to recognise the need for drug rehabilitation. Offender’s responsibilities to their family are likely to encourager them to remain crime-free. Offender understands the impact of offending on the community and accepts responsibility for their actions. Offender is genuinely contrite and their plea of guilty indicates remorse. Mental Condition: Offender has had longstanding, significant symptoms of depression over the years. There was a causal connection between their mental condition and the offences before the Court. This is an appropriate case to reduce offender’s moral culpability for the offences to some extent. Offender sentenced to 5 years of imprisonment with a non-parole period of 3 years.
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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