sentence — jointly importing a commercial quantity of a border-controlled drug offence contrary to s 307.1(1) and s 11.2A of Commonwealth Criminal Code — offence relates to 1771g of pure MDMA — nature and circumstances — s 16A(2)(a) — during offending period offender was in custody for unrelated but similar offending — Jabal provided funding to offender at least some of which was used to finance importations — offender was involved in joint commission to import at least commercial quantity of prohibited drug into Australia from about July 2017 — offender was aware of identity and role of overseas provider of consignments — offender was common link between Poulakis and Omari and Jabal — offender facilitated communication and degree of cooperation — offender was aware of decision to use ANU campus as delivery address — offender tasked Omari with communicating to Jabal that he wanted to recover $50,000 — offender’s authority and influence were such that Jabal immediately complied with demand for money —offender expected and received regular updates about status of second consignment — role of offender must be regarded as significant — offender not aware of precise quantity being imported but that they were involved in joint enterprise to import at least a commercial quantity — character — s 16A(2)(m) — six character references provided — it is not immediately apparent how statement of impeccable character from first reference squares with previous offending — references taken into account on sentence — prospects of rehabilitation must remain guarded at this time — antecedents — s 16A(2)(m) — offender actively participated in joint commission to import border-controlled drug while serving substantial term of imprisonment for multiple offences of similar but less serious nature — commission of offence while in custody or on conditional liberty is an aggravating feature on sentence — prior convictions demonstrate that present offence is not aberration or isolated offence — offending was motivated by financial gain — offender was involved in importation of drugs for profit — double counting must be avoided — guilty plea — s 16A(2)(g) — until recently in ACT offenders were not entitled to any discount on sentence for the utilitarian benefit of plea — amended s 16A(2)(g) puts beyond doubt that utilitarian benefit must be taken into account — co-offenders entered pleas at broadly same time as offender and pleas had similar utilitarian value — offender made severance application on day trial was scheduled to begin — plea although not entered at early opportunity had significant utilitarian benefit in that it prevented need to expend significant resources on lengthy trial — 15% discount allowed — contrition — s 16A(2)(f) — hearsay statements or statements made by offender which are not supported by offender giving sworn evidence should be treated with considerable caution — courts do not simply disregard evidence of remorse if offender does not go into witness box and give evidence — sentencing judge noted the remorse expressed in letter by offender — sentencing judge did not ascribe significant weight to the remorse — parity — Poulakis and Yavuz involvement in importation was more significant than that of Omari or Jabal — offender directed activities of syndicate — while there is broad equivalence in terms of hierarchy and role as between Poulakis and offender, offender had somewhat greater role in directional type behaviour — COVID-19 — it is necessary in individual case to take into account both health consequences and social consequences — AMC is managing health risks appropriately at this stage — no evidence before Court that offender is in high-risk category in relation to physical health consequences — social consequences are nevertheless of significance — while availability of limited social visits lessens social consequences of COVID-19 they do remain constrained and may well be suspended again — there is additional hardship attached to imprisonment due to COVID-19 pandemic — offender sentenced to 8 years’ and 6 months imprisonment with 5 year and 1 month non-parole period
