R v Chiagozie [2018] NSWDC 298

District Court New South Wales

Medium Neutral Citation: R v Chiagozie [2018] NSWDC 298 Hearing dates: 20 April, 28 May 2018 Date of orders: 29 May 2018 Decision date: 29 May 2018 Jurisdiction: Criminal Before: Neilson DCJ Decision: Total sentence 7 years 6 months. NPP 4 years 6 months. Catchwords: CRIME – SENTENCE – Commonwealth offences

Criminal Code s307.1(1) – importing a commercial quantity of methamphetamine (317.5 grams of pure drug)

Criminal Code s302.3(1) – trafficking a marketable quantity of 2 border-controlled drugs (methamphetamine and cocaine – exact quantity of pure drug unknown) Legislation Cited: Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Cases Cited: Ruben Botero, (unreported, Court of Criminal Appeal, 24 June 1998) Xiao v R [2018] NSWCCA 4 Category: Sentence Parties: Regina (Crown) Fabian Ogochukwu Chiagozie (Offender) Representation: Counsel: Mr D Barrow (Crown) Mr P Kondich (Offender)

Solicitors: CDPP (Crown) George Sten & Co Lawyers (Offender) File Number(s): 2016/164039 Publication restriction: Nil

Judgment 1. HIS HONOUR: Fabian Ogochukwu Chiagozie stands for sentence as a consequence of pleading guilty to two substantive offences against the law of the Commonwealth of Australia. The first crime is one contrary to the provisions of s 307.1(1) of the Criminal Code. The offence can be shortly described as importing a commercial quantity of a border controlled drug, namely, methamphetamine. The maximum penalty for that crime is life imprisonment and/or a fine of 7,500 penalty units. The second offence is one contrary to s 302.3(1) of the Criminal Code and can be described as trafficking a marketable quantity of controlled drugs, namely, methamphetamine and cocaine. The maximum penalty for that offence is 25 years' imprisonment and/or a fine of 5,000 penalty units. 2. The offender was arrested on 27 May 2016 and has been in custody since that time, a period now of two years and two days.