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Woods v The Queen [2020] NSWCCA 219

appeal against sentence — 2 counts of importing marketable quantity of border controlled drug offences contrary to s 307.2(1) of Commonwealth Criminal Code — additional state offences — state offences —federal offences relate to 24.78g of MDMA and 14.05g of cocaine and 257.25g of MDMA respectively — original sentence imposed 7 years’ imprisonment with 5 year non-parole period —nature and circumstances — s 16A(2)(a) — Sequence 1 well below notional midrange in light of 5 separate importations over 2.5 years — offender principal organiser in Australia — importations were organised over dark net — some level of planning involved but parcels were addressed in offender’s own name and to home address — offending was done for financial gain — quantities were well above marketable quantity but well below commercial quantity — Sequence 20 was little less than notional midrange — offender was principal at Australian end and degree of organisation was similar to Sequence 1 — while weight of drug was only one factor offence was far more serious when regard is hard to role and fact that offender was no longer user of MDMA and amount imported — offender’s family and dependents — s 16A(2)(p) — offender was eldest of four children and one sister had intellectual disability — impact of incarceration on sister was taken into account — contrition — s 16A(2)(f) — there was some remorse in addition to early guilty pleas and admissions made to police — totality — same general principles should be applied in relation to overall sentence involving both federal and state components — primary judge either through miscalculation or inadvertence did not achieve ratio of non-parole period to head sentence for all sentences taken together which was substantially less than 75% — intention reflected in finding of special circumstances not given effect to — rehabilitation — s 16A(2)(n) — prospects of rehabilitation will be assisted if longer period on parole given than that provided by statutory ratio of 75% — cumulative and concurrent sentences — degree of accumulation between federal and state sentences required to reflect that criminality involved in federal importation offences does not entirely encompass criminality in state supply offences — need to impose sentence of appropriate severity in all circumstances while at same time giving effect to finding of special circumstances — leave to appeal granted — appeal allowed — original sentence quashed — offender resentenced to 6 years’ and 3 months imprisonment with 4 year and 3 month non-parole period
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