R v Basri, Okonkwo and Madubuko [2009] NSWDC 398

New South Wales District Court

CITATION: R v Basri, Okonkwo and Madubuko [2009] NSWDC 398

JUDGMENT DATE: 16 October 2009

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

Saripah Zamrut Binti Syed Basr: Import commercial quantity of border controlled drug: Sentenced to 5 years and 3 months imprisonment to date from the 25th February 2008 and expiring on the 24th May 2013. Non-parole period of 3 years and 3 months to expire on the 24th May 2011. Ifeanyi Fidel Okonkwo: DECISION: Possess commercial quantity unlawful import border controlled drug: Sentenced to 6 years and 6 months imprisonment to date from the 25th February 2008 and expiring on the 24th August 2014. Non-parole period of 4 years and 2 months to expire on the 24th April 2012. Henry Ugo Madubuko: Possess commercial quantity unlawful import border controlled drug: Sentenced to 6 years and 6 months imprisonment to date from the 25th February 2008 and expiring on the 24th August 2014. Non-parole period of 4 years and 2 months to expire on the 24th April 2012.

CATCHWORDS: Criminal Law - Sentening - Commonwealth - Importing Border control drug - attempting to imkport border control drug - commericial quantity - 1.88 kilograms - sentence after trial - iimporter-courier sent by Indian based drug syndicate - drugs intercepted at arrival airport - inert material substituted for drugs - police organised controlled delivery - courier meets collectors at Bankstown hotel - sophisticated operation - courier receives modest reward - extent of role of collectors unclear - first point of contact with Austrialian distribution network - joint criminal enterprise by collectors - 17 paragraph agreed facts tendered - shortens trial - sentence mitigated for assistance to administration of justice by cooperation with prosecution - assistance to police by courier mitigates her sentence.