R v Ian Robert CHALMERS [2007] NSWDC 105

New South Wales District Court

CITATION: R v Ian Robert CHALMERS [2007] NSWDC 105

15/08/2006-28/08/2006 10/11/2006 HEARING DATE(S): 02/02/2007 23/03/2007 04/05/2007

JUDGMENT DATE: 4 May 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: See paragraphs [38] & [39]

CATCHWORDS: Criminal Law - Sentence - Conspiracy to import commercial quantity of cocaine - Knowingly take part in the supply of prohibited drug

PARTIES: Crown Ian Robert Chalmers

FILE NUMBER(S): 06/11/0273; 06/11/0304

COUNSEL: D.Staehli SC J Spencer

SOLICITORS: Commonwealth DPP Legal Aid Commission

SENTENCE

1 HIS HONOUR: Ian Robert Chalmers appears for sentence today on two matters. The first and most important results from him being found guilty by a jury on one count of conspiring to import a commercial quantity of cocaine. The maximum penalty for that offence is life imprisonment.

2 He is also to be sentenced following his plea of guilty to an offence of knowingly taking part in the supply of 4.45 grams of ecstasy. The maximum penalty for that offence is fifteen years imprisonment.

3 I immediately note that the crown has suggested that an appropriate way for dealing with the State matter is by the imposition of a wholly concurrent sentence, given the gravity of the Commonwealth matter and the sentences imposed on the co-offenders in relation to the State matter.

4 As far as the more serious Commonwealth matter is concerned, the offender had a long-term friend by the name of Sean North. In October 2004 he was involved in the successful importation into Australia of a substantial quantity of cocaine. Emboldened by that success, Mr North and others decided to repeat the operation, this time bringing into Australia a larger quantity of cocaine, namely thirty kilograms. The offender was not involved in the October 2004 importation but was, as the jury verdict clearly shows, involved in the latter operation.