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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        
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