Site Logo

R v White [2022] ACTSC 178

The offender was sentenced following a plea of guilty to 1 count of importing a commercial quantity of a border controlled drug contrary to s 307.1(1) of the Commonwealth Criminal Code and 1 count of failing to comply with an order made under s 3LA(2) of the Crimes Act 1914 (Cth) contrary to s 3LA(6). Offending related to 1040.6 grams of pure gamma-butyrolactone.  

Nature and Circumstances: Offender did know the identity of the drug and intended to profit from its importation. The street value was, when compared to commercial quantities of other drugs, not very great although the level of profit compared with the level of investment was significant. Offender was the person fully responsible for each step of the importation process. Offending involved a relatively low level of sophistication. Objective seriousness is at the low end for this very serious offence. Offending in relation to the s 3LA order was unremarkable, simply involving a refusal to provide passwords to the offender’s electronic devices, and is in the low to mid-range of objective seriousness.  

Rehabilitation: Pre-sentence report assessed the offender as being a medium risk of general reoffending due to their long history of drug use issues, mental health in relation to family violence, anti-social companions, unemployment and lack of leisure activities. It appears offender has taken steps to address these risks by engaging in assessments, programs, treatment and counselling which may reduce their risk of reoffending. Offender has had a significant period in custody and their conduct whilst in custody has been very favourable. Offender remains subject to supervision by Child and Youth Protection Services and appears motivated to remain drug free for the benefit of their children. Offender’s period in custody, absence of involvement with their former partner, supervision by CYPS and the return of their children are consistent with a significant motivation to remain drug free and, as a consequence, crime free.  

Offender sentenced to 33 months imprisonment. Sentences are suspended following the offender serving 9 months and 14 days imprisonment and entering a recognizance release order of $100 to be of good behaviour for 2 years. Period of 9 months and 14 days has been fully served.
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.

© 2023 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions