Regina v Kalvin Eugene Cressel [2017] NSWDC 272

District Court New South Wales

Medium Neutral Citation: Regina v Kalvin Eugene Cressel [2017] NSWDC 272 Hearing dates: 29 September 2017 Date of orders: 06 October 2017 Decision date: 06 October 2017 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 The offender is convicted. 2 For the marketable quantity offence the offender is sentenced to imprisonment for 6 years and 6 months to date from 29 April 2016 and expiring on 28 October 2022. 3 For the commercial quantity offence the offender is sentenced to imprisonment for 9 years to date from 29 April 2017 and expiring on 28 April 2026. 4 I fix a single non-parole period of 6 years and 6 months to date from 29 April 2016 and to expire on 28 October 2022. Catchwords: CRIMINAL LAW – offence - plea of guilty – import commercial quantity border controlled drug – import marketable quantity of border controlled drug SENTENCE – mitigating factors – aggravating factors – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty SENTENCE PRINCIPLES – parity – totality – community values – remorse – contrition – onerous penalty – extra curial punishment – utilitarian value of pleas of guilty - willingness to facilitate the course of justice – offer of assistance to authorities - appropriate discount – contrition and remorse DRUGS – cocaine – purity value OTHER – gambling addiction – drug addiction Legislation Cited: Crimes Act 1914 (Cth) ss. 16A(1), 16A(2), 17A(1) Criminal Code 1995 (Cth) ss.307.1, 307.2 Cases Cited: Lee v R [2012] NSWCCA 123 Danial v R [2008] NSWCCA 15 Cameron v The Queen (2002) 209 CLR 339 Johnson v The Queen (2004) 78 ALJR 616 R v El Karhani (1990) 21 NSWLR 370 Category: Sentence Parties: Regina (The Crown) Kalvin Eugene Cressel (Offender) Representation: Counsel: