R v Klein [2024] NSWDC 412

District Court New South Wales

Medium Neutral Citation: R v Klein [2024] NSWDC 412 Hearing dates: 25 May 2024 Date of orders: 19 June 2024 Decision date: 19 June 2024 Jurisdiction: Criminal Before: Tupman DCJ Decision: 1. Offender is convicted. 2. For sequence 1, offender is sentenced to a term of imprisonment of 6 years and 6 months. 3. For sequence 2, offender is sentenced to a term of imprisonment of 4 years. 4. Set a single NPP of 4 years. Catchwords: CRIME – sentence – two Commonwealth offences – import commercial quantity of border controlled drug – s307.1(1) Criminal Code 1995 – maximum penalty life imprisonment – import marketable quantity of border controlled drug – s307.2(1) Criminal Code 1995 – maximum penalty 25 years imprisonment OFFENCE – 59 paragraph agreed facts – in reality summary of evidence and too long – July 2012 – offender and co-offender recovered quantities of drugs from stockpile in offender's apartment in Hong Kong – co-offender taped four bags of cocaine to inner thighs – offender carried methamphetamine in protein powder tub – boarded Cathay Pacific flight to Sydney – during flight offender concealed drugs behind business class toilet – offender's brother employed by Cathay Pacific at Sydney Airport with security clearance – arranged to be on shift – recovered drugs – used clearance to leave Sydney Airport without passing security – placed drugs in car – arrested by AFP ARREST – offender aware of brother's arrest – met with AFP – told he was free to leave for Thailand but would be arrested at some future date – offender flew to Thailand where he resided for 11 years with wife and children – deported by Thai authorities in 2023 after 1 month in detention after visa expired – arrived in Sydney March 2023 – arrested immediately – bail refused since OBJECTIVE SERIOUSNESS – middle range – offender played critical and central role in importation – actual knowledge of quantities – general deterrence SUBJECTIVE FACTORS – offender now vastly different person – limited and irrelevant criminal history – dysfunctional upbringing – drug addiction from young age – met wife on holiday in Thailand – now have two children – overcame addictions upon return to Thailand in August 2012 – positive relationship with family – now suffering major depressive disorder – significant impact on family – expressed genuine remorse SENTENCE – early plea – 30% discount – parity – three co-offenders have been sentenced – delay – demonstrated real rehabilitation in intervening period – single NPP Legislation Cited: Crimes Act 1914 (Cth): s 16A Criminal Code 1995 (Cth): ss 307.1, 307.2 Category: Sentence Parties: Rex (Crown) Benjamin Klein (Offender) Representation: Counsel: S Corish (Offender)