R v Ersegovic [2024] NSWDC 596

District Court New South Wales

Medium Neutral Citation: R v Ersegovic [2024] NSWDC 596 Hearing dates: 7 November 2024 8 November 2024 Date of orders: 8 November 2024 Decision date: 08 November 2024 Jurisdiction: Criminal Before: Anderson SC DCJ Decision: 1. The offender is convicted. 2. With respect to Sequence 10, noting sequence 11 on the Form 1, I order that the matter be dealt with pursuant to section 10A of the Crimes Sentencing Procedure Act. 3. In respect of the offence at 307.8(1) of the Criminal Code 1995 (Cth) sequence 13, the offence of possessing a substance that is reasonably suspected of having been unlawfully imported, the indicative sentence is one of 6 years. 4. In respect of the offence 372.1(1) of the Criminal Code 1995 (Cth) sequence 15, taking into account the matter on the section 16BA schedule, will the offence of dealing with identification information for the purpose of committing an offence or facilitating the commission of an offence against the law of the Commonwealth, the indicative sentence is one of 1 year and 6 months. 5. In respect of the offence at section 307.6 (1) and 11.1 of the Criminal Code 1995 (Cth) sequence 19, the offence of attempting to possess a marketable quantity of a border-controlled drug, namely methamphetamine, the indicative sentence is one of 4 years. 6. In respect of the offence at 400.6(1) of the Criminal Code 1995 (Cth), sequence 20, dealing with money or property that was in that the accused believed to be the proceeds of crime and the sum of $10,000 or more, the indicative sentence is one of 1 year and 6 months. 7. The total term of imprisonment is one of 8 years commencing on 26 September 2023 and expiring on 25 September 2031. I fix a non-parole period of 5 years expiring on 25 September 2028 representing 62.5% of the head sentence. 8. The offender will be eligible for release on parole at the expiration of the non-parole period, subject to s 19AL of the Crimes Act 1914 (Cth). 9. I have also made the orders which were agreed by Consent regarding s 316 of the Proceeds of Crime Act and the forfeiture of property to the Crown. Catchwords: CRIME – Sentencing - offences connected with drug importation – proceeds of crime – non exculpatory duress. Legislation Cited: Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code Act 1995 (Cth) Criminal Procedure Act 1986 (NSW) Drug Misuse and Trafficking Act 1986 (NSW) Cases Cited: R v McGregor [2024] NSWCCA 200 Category: Sentence Parties: Rex (Crown) Stephen Ersegovic (Offender) Representation: Counsel: Mr T Hammond (Offender) Ms M Tam (Crown)