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Taumoepeau v The Queen; Siaki v The Queen [2020] NSWCCA 200

appeal against sentence — attempting to possess a commercial quantity of an unlawfully imported border controlled drug offence contrary to s 307.5(1) and s 11.1(1) of the Commonwealth Criminal Code — offences relate to 47.597kg of pure cocaine — original sentence imposed 12 years’ and 6 months imprisonment with a 7 year and 6 month non-parole period for both offenders — guilty plea — s 16A(2)(g) — Xiao error established —re-sentence — 25% discount including utilitarian value of guilty plea— rehabilitation — s 16A(2)(n) — Co-offender 1 had to drop out of rehabilitative program because they became preoccupied with health of their father, who was diagnosed with throat cancer — separated from wife and daughter went back to biological parents — strong support from family, completed a Salvation Army Positive Lifestyle Program and engaged in Bush Gang program involving forest work — Co-offender 2 undertaken number of programs and several educational programs, hospitality course and participated in Defence Community Dog Program training dogs to be used to assist veterans with PTSD — sentence — imposed 10 years’ and 6 months imprisonment with a 6 year and 6 month non-parole period
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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