R v Spadina [2015] NSWSC 933

Supreme Court New South Wales

Medium Neutral Citation: R v Spadina [2015] NSWSC 933 Hearing dates: 3 June 2015, 2 July 2015 Date of orders: 03 July 2015 Decision date: 03 July 2015 Jurisdiction: Common Law Before: Blackmore AJ Decision: Total term: 10 years 6 months imprisonment; Non-parole period 6 years 6 months Catchwords: CRIMINAL LAW – Sentence – Conspiracy to import a precursor Legislation Cited: Criminal Code Act 1995 (Commonwealth) Crimes Act 1916 (Commonwealth) Evidence Act 1995 (NSW) Cases Cited: R v Spadina [2013] NSWSC 4 Olbrich v R (1999) 199 CLR 270 Damoun v R [2015] NSWCCA 109 Category: Sentence Parties: The Crown Radoslav Spadina Representation: Counsel: Stephen Rushton SC – Crown Sophia Beckett – Crown

Avni Djemal – Offender Rhys Graham – Offender

Solicitors: Commonwealth Director of Public Prosecutions - Crown Parisi Lawyers - Offender File Number(s): 2008/250866

SENTENCE 1. HIS HONOUR: Radoslav Spadina, the offender, pleaded not guilty to the offence of conspiring to import a commercial quantity of a border patrol precursor, namely pseudoephedrine, contrary to s 307.11(1) and 11.5(1) of the Commonwealth Criminal Code. The maximum penalty for the offence is 25 years imprisonment and/or a fine of $550,000. 2. On 10 February 2015 the jury returned a verdict of guilty in relation to the offence. 3. The facts as found by the jury will be summarised below. The jury have resolved most of the disputes with regard to the facts in finding the offender guilty. Some of the matters referred to in the facts are still in dispute and will require a finding by me. I should note that in most respects the facts are not in dispute.