R v Salgado [2021] NSWDC 24

District Court New South Wales

Medium Neutral Citation: R v Salgado [2021] NSWDC 24 Hearing dates: 18 December 2020 Decision date: 18 February 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [82] Catchwords: Import marketable quantity of border controlled drug (cocaine) Legislation Cited: Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act (NSW) 1999 Criminal Code Act 1995 (Cth) Criminal Code Regulations 2019 Cases Cited: Gwardy v R [2020] NSWCCA 62 Howard v R [2019] NSWCCA 109 Kao v R [2019] VSCA 84 R v Ceissman [2001] NSWCCA 73 R v Nguyen; R v Pham (2010) 205 A Crim R 106; [2010] NSWCCA 238 Category: Sentence Parties: Director of Public Prosecutions (Cth) Luis Alberto Salgado (Offender) Representation: Counsel: G J Stanton (Offender)

Solicitors: J Kisch (Cth Crown) File Number(s): 20/56683 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of the following offence: Count 3 – import a border controlled substance, namely cocaine, the quantity being a marketable quantity, pursuant to s 307.2 of the Criminal Code (Cth). The maximum penalty proscribed is 25 years imprisonment and/or a fine of 5,000 penalty units. 1. The offence occurred on 20 February 2020, and following his arrest on that day, the offender was in custody until 23 April 2020, when he was granted bail. Following his plea of guilty, he was committed for sentence on 18 December 2020.