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Zaugg v The Queen [2020] NSWCCA 53

appeal against sentence — importing a commercial quantity of a border controlled drug offence contrary to s 307.1 of the Commonwealth Criminal Code — offence relates to 3,509.8g of pure methamphetamine — original sentence imposed 11 years’ imprisonment with a 6 year and 6 month non-parole period — extension of time granted due to finding lesser sentence warranted in accordance with s 6(3) Criminal Appeal Act 1912 (NSW) after consideration of objective seriousness, specific and general deterrence and rehabilitation — guilty plea — s 16A(2)(g) — Xiao error established — discount for utilitarian value should regard principally timing of plea of guilty, which occurred 5 days before scheduled trial date and further delay occurring because of offender’ then desire to seek leave to withdraw plea of guilty — although did not persist with application, more time passed before offender confirmed guilty plea — period of about two weeks would constitute reasonable trial estimate in assessing utilitarian value of offender’s plea — it may be taken that Crown preparing for trial up to period when offender entered plea of guilty in days prior to scheduled trial commencement — guilty plea not demonstrative of contrition or remorse — discount of 10% — but for guilty plea, imprisonment 12 years is appropriate — original sentence quashed — re-sentence — imposed 10 years’ and 9 months imprisonment with a 6 year and 4 month non-parole period
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