R v MUNOZ [2007] NSWDC 47

New South Wales District Court

CITATION: R v MUNOZ [2007] NSWDC 47

HEARING DATE(S): 23 March 2007

JUDGMENT DATE: 23 March 2007

EX TEMPORE JUDGMENT DATE : 23 March 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Under s21(A) Andres Munoz you are convicted but without passing sentence you are released upon a recognisance to be of good behaviour for two years in the sum of five hundred dollars without security.

CATCHWORDS: Criminal Law - Sentence - Border Control Drug

LEGISLATION CITED: Commonwealth Crimes Act

PARTIES: Crown Andres Munoz

FILE NUMBER(S): 06/11/1009

COUNSEL: Mr D Carroll (Crown) Mr M G Higgins (Offender)

SOLICITORS: Commonwealth DPP T & A Legal

SENTENCE

1 HIS HONOUR: I have before me Andres Munoz who is to be sentenced for, in the grand scheme of Commonwealth offences, a relatively minor drug matter. Police and Customs officials became alerted to a scheme whereby cocaine was being imported into Australia through the Post concealed in roll on deodorant containers. They conducted inquiries which led them to 24 Cato Way, Casula a residence occupied by amongst other people the present offender and his stepmother Carmen.

2 I am to sentence the offender on the basis that his stepmother and the offender were drug users, and in particular users of cocaine. Although there was a reasonable quantity of cocaine found both in roll on deodorant containers and also packaged in other ways at Cato Way, Casula, it is accepted by the Crown for the purposes of sentencing the present offender that he possessed only part of a quantity of cocaine in total weighing 30.3 grams. Of that quantity he possessed only an indeterminate amount which did not exceed 2 grams. I am to sentence the offender on the basis that the offender's stepmother showed him that 30.3 gram package. The offender realised it was cocaine. He asked her if he could use a couple of grams for his own consumption and she agreed. In those circumstances the offender came into possession of a quantity of cocaine, as I have said less than 2 grams, that quantity being imported. Thus the offender stands to be sentenced for an offence of possessing a quantity of a border control drug, namely cocaine, reasonably suspected of having been imported.