NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Russell [2022] NSWDC 416 Hearing dates: 29 July 2022 Date of orders: 16 September 2022 Decision date: 16 September 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 The offender is convicted. 2 The terms of imprisonment that I would have imposed for the State offences, if separate sentences were to be imposed, after taking into account the discount of 25% for the pleas of guilty are: Count Offence Indicative sentence 3 Supply prohibited drug on 31 January 2019 18 months 4 Supply prohibited drug on 18 February 2019, taking into account the offence on the Form 1 2 years 5 Supply prohibited drug on 7 March 2019 3 years 6 Supply prohibited drug on 14 May 2019 2 years and 6 months 7 Supply prohibited drug between 26 February 2019 and 4 June 2019 being an amount not less than the commercial quantity 5 years with a non-parole period of 2 years and 6 months
3 I impose an aggregate term of imprisonment for the State offences of 7 years with a non-parole period of 3 years and 6 months to date from 8 May 2019. The head sentence will expire on 7 May 2026 and the non-parole period will expire on 7 November 2022. 4 The terms of imprisonment that I would have imposed for the Federal offences, if separate sentences were to be imposed, after taking into account the discount of 15% for Counts 1 and 2 and 25% for Count 8 for the pleas of guilty are: Count Offence Indicative sentence 1 Attempt to possess a commercial quantity of a border control drug, between about 3 October 2017 on 13 October 2017, taking into account the proceeds of crime offence on the s 16BA schedule 8 years 2 Import a commercial quantity of border controlled drug, between about 15 November 2017 and 3 August 2018, taking into account the attempt to pervert the course of justice offence on the s 16BA schedule 6 years 8 Conspire with Witness A, Witness B and Witness C to import a commercial quantity of a border control drug, methamphetamine, between 18 April 2017 and 1 November 2017 12 years
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