NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Diez [2020] NSWDC 351 Hearing dates: 26 June 2020 Date of orders: 6 July 2020 Decision date: 06 July 2020 Jurisdiction: Criminal Before: Weinstein SC DCJ Decision: Term of imprisonment of 3 years, 4 months and 24 days, with a non-parole period of 2 years and 1 month. For orders see [55]. Catchwords: SENTENCE –attempt to possess a commercial quantity of unlawfully imported drug - 4339.8 grams of cocaine – illegally imported from Peru into Australia - Controlled Operation – one previous similar offence over 20 years ago – native Spanish speaker – issues of parity Legislation Cited: Crimes Act 1914 (Cth) Criminal Code 1995 (Cth) Cases Cited: Green v R; Quinn v R (2011) 244 CLR 462; [2011] HCA 49 Hill v the Queen; Jones v the Queen (2010) 242 CLR 520; [2010] HCA 45 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Power v R (1974) 131 CLR 623; [1974] HCA 26 R v Bittner; R v Martinez [2020] NSWDC 292 R v Nguyen; R v Pham [2010] NSWCCA 238; (2010) 205 A Crim R 106 Ryan v The Queen (2001) 206 CLR 267; [2001] HCA 21 Category: Sentence Parties: Regina (Crown) Luis Fernando Diez (Defence) Representation: Counsel Mr Jordan (Crown) Mr McMahon (Defence) Solicitors CDPP (Crown) Eliopoulos Lawyers (Defence) File Number(s): 2019/7674
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