R v Xavier, R v Wilson [2012] NSWDC 302

District Court New South Wales

Medium Neutral Citation: R v Xavier, R v Wilson [2012] NSWDC 302 Hearing dates: 14 October 2011, 17 February 2012 Decision date: 01 January 2012 Jurisdiction: Criminal Before: King SC DCJ Decision: WILSON: In respect of the offence of dealing in the proceeds of crime - sentenced to a term of imprisonment of 5 years commencing 20 March 2008 and expiring 19 March 2013. In respect of the offence of conspiracy to import a commercial quantity of a Border Controlled Drug, heroin - sentenced to a term of imprisonment of 20 years commencing 3 years after the commencement of the last imposed sentence. It will commence on 20 March 2011 and expire on 19 March 2031. The non‑parole period is 15 years, commencing on 20 March 2008 and will expire on 19 March 2023, on which date, subject to s 19AL of the Crimes Act 1914, you are to be released on parole. Accordingly, the total term of imprisonment of 23 years commences on 20 March 2008 and will expire on 19 March 2031. The non-parole period of 15 years expires on 19 March 2023, which is the date you will first be eligible to be released on parole. Should you on release breach the conditions of your parole you will be returned to imprisonment

XAVIER: In respect of the offence of dealing in the proceeds of crime you are sentenced to a term of imprisonment of 5 years commencing 3 May 2008 and expiring 2 May 2013. s16BA offence taken into account. In respect of the offence of conspiracy to import a commercial quantity of a Border Controlled Drug, heroin, you are sentenced to a term of imprisonment of 20 years commencing 3 years after the commencement of the last imposed sentence. It will commence on 3 May 2011 and expire on 2 May 2031. The non‑parole period is 15 years, commencing on 3 May 2008 and will expire on 2 May 2023, on which date, subject to s 19AL of the Crimes Act 1914, you are to be released on parole. Accordingly, the total term of imprisonment of 23 years commences on 3 May 2008 and will expire on 2 May 2031. The non-parole period of 15 years expires on 2 May 2023, which is the date you will first be eligible to be released on parole. Should you on release breach the conditions of your parole you will be returned to imprisonment Catchwords: CRIMINAL – sentence - conspire to import commercial quantity of border controlled drug, heroin - deal with money the proceeds of crime – joint police operation involving the NSW Police Force, the NSW Crime Commission, and the Australian Federal Police investigation of criminal activity of a syndicate involved in importing heroin into Australia from Indonesia - role of offenders – subjective matters Legislation Cited: Crimes Act (1914) Criminal Code Act 1995 Cases Cited: Bugmy v The Queen [2013] HCA 37 Deakin v The Queen [1984] HCA 31 Hili v The Queen; Jones v The Queen (2010) HCA 45 Power v The Queen [1974] HCA 26 Category: Sentence Parties: Regina John Michael Wilson Jose Manuel Xavier Representation: Counsel: Mr R Sutherland SC Mr S Bouveng Mr Bernard Brassil Mr A Radojev