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R v Thomas [2019] NSWDC 364

sentence — aid and abet an attempt to possess a commercial quantity of an unlawfully imported border controlled drug offence contrary to s 11.2(1) and 307.5(1) of Commonwealth Criminal Code — offence relates to 15.8744kg of methamphetamine — objective seriousness — the offence is very serious — offender’s involvement peripheral and role considerably less than that of a courier —no role other than brief and non-integral assistance provided to their romantic partner over a short period — offender had no expectation of any financial reward — took no steps at all to disguise limited participation, used own phone and was seen on CCTV — sentencing judge found offender’s role in offence placed them at the very low end on the scale of objective seriousness — specific deterrence — s 16A(2)(j) — personal deterrence has little work to do in present case as offender will soon be completely rehabilitated  — offender’s ‘very specific perceptive factor’ that relationship with co-offender has come to an end so that in this unusual case specific deterrence need play no role in sentencing exercise — guilty plea — s 16A(2)(g) — plea entered at earliest opportunity, so a discount of 25% appropriate in the circumstances — contrition — s 16A(2)(f) — offender not sought to blame others or to minimise her conduct — sentencing judge found offender genuinely contrite and remorseful — sentencing judge found offender has significant insight into offending and its effect on their family, themselves and the community — rehabilitation — s 16A(2)(n) — sentencing judge satisfied offender will shortly be completely rehabilitated — sentence — atypical and exceptional case — 2 years’ imprisonment, to be served by way of Intensive Correction Order
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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