Site Logo

Walsh v The Queen (Cth) [2020] NSWCCA 182

appeal against sentence — conspiring to import marketable quantity of border controlled drug contrary to ss 307.2(1) and 11.5(1) of Commonwealth Criminal Code — original sentence imposed 9 years’ imprisonment with 5 year non-parole period — offence relates to 1154.3g of pure cocaine — guilty plea — s 16A(2)(g) — offender sentenced 15 months prior to Xiao v R being handed down — offender not afford full worth of guilty plea entered in recognition of utilitarian value — nature and circumstances — s 16A(2)(a) — offence extended over 18 month period and involved numerous overt acts in furtherance of conspiracy — role in conspiracy was significant and of greater importance than co-conspirators — offender introduced co-conspirators and gave instructions — offender directed individual co-conspirators to collect particular consignments — offender liaised with international supplier negotiating price and managing logistics and reinvesting profits — more than $500,000 dollars was transferred overseas — profit was considerable with offender receiving cash and cocaine for their part in scheme — amount received exceeded debt that was owed by offender to those for whom they acted — well organised criminal activity involving number of individuals with object of achieving serious crime — character — s 16A(2)(m) — offender claimed that they were forced to become involved as means of reducing financial debt feeling that family would be hurt if they did not participate — offender also profited personally from involvement — rehabilitation — s 16A(2)(n) — offender has excellent prospects of rehabilitation — offender has high degree of insight into perils of drug use and strong determination to remain abstinent to make positive contribution to society — offender has undertaken courses whilst in custody designed to overcome dependency on drugs — general deterrence — s 16A(2)(ja) — need for sentence to deter others by showing would be offenders what lies in store for drug offenders of this ilk must be given chief weight — leave to appeal granted — sentence quashed — offender re-sentenced to 9 years’ imprisonment with 4 year and 9 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.

© 2024 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions

top-arrow