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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
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