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R v Taleb [2023] NSWDC 139

The offender was sentenced following a plea of guilty to 1 count of attempting to possess a marketable quantity of an unlawfully imported border controlled drug contrary to ss 11.1 and 307.6 of the Commonwealth Criminal Code. Offending related to 85 grams of pure methamphetamine.

Nature and Circumstances: In terms of quantity this is far closer to the entry level for marketable quantity than it is to the upper level. The role of the offender would appear to be as a courier. The objective seriousness of the offending is below the mid-range.

Antecedents: Offender has a significant work history having reached the position of executive chef. Offender left that job without notice due to his drug use. Offender went missing for a week at a time due to using so much cocaine. Offender’s substance abuse or drug addiction does not arise out of any circumstances of disadvantage. Quite the contrary it started when offender was young as a form of recreation and stress release. As a result of drug use, offender has lost their house, their marriage broke down, and they now have less time with their children. Offender has attempted suicide.

Rehabilitation: Offender has shown remorse and contrition. However, offender’s failure to take any adequate steps towards dealing with their addiction since their arrest prior to March 2023 does not strengthen a view of a person fully embracing their wrongdoing and having a determination not to continue the way they had been living his life. Offender has a medium to low prospect of reoffending. The underwhelming efforts at rehabilitation taken to date are offset significantly by the fact that the events of March 2023 are likely to be the low point of offender’s addiction and they do have family support, medical support and employment which are all matters that will assist the offender to maintain abstinence.

Offender sentenced to 2 years and 9 months imprisonment to be released immediately on recognizance of $1,000 to be of good behaviour.
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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