R v Campbell [2023] NSWDC 652

District Court New South Wales

Medium Neutral Citation: R v Campbell [2023] NSWDC 652 Hearing dates: 3 February 2023 Date of orders: 17 February 2023 Decision date: 17 February 2023 Jurisdiction: Criminal Before: Tupman DCJ Decision: 1. Offender is convicted. 2. Offender is sentenced to a term of imprisonment of 4 years and 6 months, with a non-parole period of 2 years and 3 months. Catchwords: CRIME – Commonwealth drug offence – attempt to possess commercial quantity of unlawfully imported border controlled drug – 1,976.7 grams pure heroin – primary offence – s307.5(1) Criminal Code Act 1995 – three co-offenders – joint criminal enterprise – maximum penalty life imprisonment AGREED FACTS – consignment arrived in Sydney from Thailand – concealed in 24 handbags – AFP seized – 3,797.2 grams – purity of 73.6% – controlled delivery – offender delivered consignment to co-offender's residence – CCTV footage and surveillance OBJECTIVE SERIOUSNESS – bottom range – involved in joint criminal enterprise for 2 hours – limited role – not connected to importation or planning – committed for financial gain – offender's role very low in overall hierarchy – subject to CCO – seriously addictive drug – value ranging from $428,000 to $2.7 million SUBJECTIVE FACTORS – 32 year old Indigenous Australian man – dysfunctional and disrupted background – minimal criminal record – well-educated – good sportsman – work history – best friend died from drug overdose – suffered serious life-changing trauma – spiralled out of control – significant drug and alcohol abuse – in custody during COVID lockdowns – 200+ days in isolation – extensive range of community supports – suffers from mental health impairments including PTSD – early plea of guilty – 25% discount for utilitarian value – needs intensive support and treatment – prospects of rehabilitation good – low risk of reoffending – genuine remorse and contrition Legislation Cited: Crimes Act 1914 (Cth): s 16A Criminal Code Act 1995 (Cth): ss 11.1(1), 11.2A(1), 307.5(1) Cases Cited: R v Nguyen and R v Pham (2010) 205 A Crim R 106 Category: Sentence Parties: Rex (Crown) Nathan Gregory Campbell (Offender) Representation: Counsel: R McMahon (Offender)