R v Tolutau [2020] NSWDC 369

District Court New South Wales

Medium Neutral Citation: R v Tolutau [2020] NSWDC 369 Hearing dates: 11 June 2020 Date of orders: 19 June 2020 Decision date: 19 June 2020 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Sentence of imprisonment of 9 years with a non-parole period of 6 years Catchwords: CRIME — Drug offences — Commonwealth offences CRIME — Drug offences — Commonwealth offences — Import/Export border-controlled prohibited plant or drug SENTENCING — Federal offenders — Relevant considerations SENTENCING — Federal offenders — Sentence by State court for offence against Commonwealth law Legislation Cited: Crimes Act 1914 Crimes (Sentencing Procedure) Act Criminal Code 1995 Evidence Act 1995 Cases Cited: Klomfar v R [2019] NSWCCA 61 R v DW [2012] NSWCCA 66 R v Olbrich [1999] HCA 54 R v Qutami [2001] NWSCCA 353 Regina v Elfar [2003] NSWCCA 358 Category: Sentence Parties: Regina (Crown) Uinisitoni Sesili Tolutau (Offender) Representation: Ms H Sewell (Commonwealth DPP) Mr T Edwards (Counsel for the Offender)

Ms V Sathanapally (Commonwealth DPP) Ms J Fahd (Offender) (Just Defence Lawyers) File Number(s): 2019/00073471

EX TEMPORE REVISED JUDGEMENT

Introduction 1. These are the sentence proceedings for Uinisitoni Sesili Tolutau. He is before the Court charged with an offence contrary to s 307.1(1) Criminal Code 1995 (Cth) the particulars of which are set forth in an amended court attendance notice included as document one in the Crown bundle. I shall quote from that document: "Import commercial quantity of border controlled drug between 11.20am and 9.40pm on 06/03/2019 at Mascot, did import a substance, a substance being a border controlled drug, namely methamphetamine, and the quantity imported being a commercial quantity, contrary to subsection 307.1(1) of the Criminal Code (Cth)."