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ZZ v The Queen [2019] NSWCCA 286

appeal against sentence — importing a marketable quantity of a border controlled drug offence contrary to s 307.2(1) of the Commonwealth Criminal Code — offending relates to 824.4g of pure cocaine — original sentence imposed 5 years’ imprisonment with a 3 year and 2 month non-parole period — co-operation — s 16A(2)(h) — sentencing judge did not accept offender provided ‘any useful information’ to authorities, no further reduction to sentence for assistance was given —  it is accepted that offender was not entirely forthcoming with arresting officers as to details of recruitment process and matters relevant to the recruiter — however, no dispute offender provided considerably more detail in interview with German police and prosecuting officials — at time of sentencing, no basis upon which the information could have been assessed as no assessment had been made by German authorities, it was not even known if details offender gave about recruiter were true — they are now known to be true — offender has been shown to be entitled to a reduction of sentence on account of their co-operation with law enforcement authorities in their interview, even in circumstances where value of co-operation was not appreciated until after offender sentenced — re-sentence — appeal judge satisfied in context of statutory guidepost of 25 years imprisonment as maximum penalty for offence, sentence of 6 years’ and 8 months as starting point (same as sentencing judge) is an appropriate sentence — sentence reduced by 35% on account of offender’s guilty plea, remorse, and co-operation with law enforcement agencies — original sentence quashed — offender resentenced 4 years’ and 4 months imprisonment with a 2 year and 9 month non-parole period
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