R v Nikolovska, Anne [2009] NSWDC 291

New South Wales District Court

CITATION: R v Nikolovska, Anne [2009] NSWDC 291

HEARING DATE(S): 12/06/2009

JUDGMENT DATE: 25 September 2009

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

Convicted. DECISION: Sentence to a non-parole period of 3 years and 9 months. Balance of term of 2 years and 3 months. HH order the release of the offender on the 9th September 2011. Pursuant to Section 52 of the Crime (Sentencing Procedure) Act, HH order the offender be supervised by Probation and Parole.

CATCHWORDS: Criminal Law - Sentence - Commonwealth offence - importantion of border controlled drug - cocian - 1431gms - role facilitator assisting importer - security access to internationally imported freight - 49 year old female - guilty plea.

LEGISLATION CITED: Criminal Code Act 1995 (Cwth) Crimes Act 1914 (Cwlth)

Gladue v The Queen [1999] 1SCR 688 [80] CASES CITED: R v Cuthbert [1967] 2 NSWR 329 R v Rushby [1977] NSWLR 597 R v Hayes [1984] 1 NSWLR 740

PARTIES: Regina (Commonwealth) Anne Nikolovska

FILE NUMBER(S): 2008/00026393

COUNSEL: Crown: M England Defence: D Timmins

Sentence subject to Crown Appeal

JUDGMENT 1. Anne Nikolovska arrived in Australia with her parents in 1965 from Macedonia. As an adult she has been working at Qantas for 27 years in the Sydney Distribution Centre at Mascot. She was given security access to Qantas premises. It would appear that her work was centred at the Qantas Supply Facility in the Sydney Distribution Centre.

2. For some time before December 10, 2007 Federal Police were monitoring phone call activities of one, W.(name withheld) and Anne Nikolovska. As early as 18 October 2007, Federal Police were listening to coded conversations that could only have been about an unauthorised importation of a border control drug.