R v Bittner; R v Martinez [2020] NSWDC 292

District Court New South Wales

Medium Neutral Citation: R v Bittner; R v Martinez [2020] NSWDC 292 Hearing dates: 23-24 January 2020, 18 May 2020 Date of orders: 18 May 2020 Decision date: 18 May 2020 Jurisdiction: Criminal Before: Weinstein SC DCJ Decision: For the offence of attempt to possess a commercial quantity of unlawfully imported drug contrary, Mr Bittner is sentenced to a term of imprisonment of 6 years 9 months, with a non-parole period of 4 years. For the offence of possess prohibited drug, a s10A conviction with no further penalty is imposed. Orders for Bittner at [58]. For the offence of aid, abet, counsel or procure the commission of an offence, Mr Martinez is sentenced to a term of imprisonment of 2 years, 6 months. The offender is to be released on 7 June 2020 upon entering into a recognizance of the sum $500 without surety and a further condition of being of good behavior until 7 July 2021. Orders for Martinez at [112]. Catchwords: SENTENCE – attempted possession of an unlawfully imported border controlled drug – aid, abet, counsel or procure the commission of an offence - 4339.8 grams of cocaine – illegally imported from Peru into Australia - Controlled Operation -no prior criminal history – mental illness and significant hardship– parity with co-offenders – imprisonment Legislation Cited: Criminal Code 1995 (Cth) Drug Misuse and Trafficking Act Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Green v R; Quinn v R (2011) 244 CLR 462 Hill v the Queen; Jones v the Queen [2010] HCA 45 Dipangkear v R [2010] NSWCCA 156 Le v R [2017] NSWCCA 26 Markarian v The Queen [2005] HCA 25 Muldrock v The Queen (2011) 244 CLR 120 Pearce v The Queen (1998) 194 CLR 610 Power v The Queen (1974) 131 CLR 623 R v Leroy (1984) 2 NSWLR 441 R v MacLeod [2013] NSWCCA 108 Category: Sentence Parties: Regina (Crown) Daniel Martinez Alex Bittner Representation: Ms C McMullan (Crown) 23-24 January 2020 Mr K Kanagasabapathy (Crown) 18 May 2020 Mr D McCallum (Martinez) Ms S Goodwin (Bittner) File Number(s): 2019/75352019/7706