R (Cth) v [Person A]; R (Cth) v [Person C]; R (Cth) v John Tobin [2018] NSWSC 1953

Supreme Court New South Wales

Medium Neutral Citation: R (Cth) v [Person A]; R (Cth) v [Person C]; R (Cth) v John Tobin [2018] NSWSC 1953 Hearing dates: 3, 4, 6 December 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Common Law - Criminal Before: Wilson J Decision: Person A For all offences (sequences 2, 7, and 8), pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW): the offender is sentenced to an aggregate term of 22 years and 6 months imprisonment. The non-parole period is 14 years to date from 25 December 2016, expiring on of 24 December 2030. The offender will be first eligible for parole on 24 December 2030. The balance of term is a period of 8 years and 6 months, expiring on 24 June 2039. The indicative sentence for each individual charge is as follows: Sequence 7, conspiring to import commercial quantities of border controlled drugs: 10 years imprisonment Sequence 8, conspiring to import commercial quantities of border controlled drugs: 12 years and 6 months imprisonment Sequence 2, conspiring to import commercial quantities of border controlled drugs: 8 years imprisonment. Sentencing discount applied to the aggregate sentence: 50% [REDACTED]. Person C For the NSW offence of Supply Not Less than the Large Commercial Quantity of Prohibited Drug (sequence 4), and taking into account the offences on the Form 1 document: the offender is sentenced to 10 years imprisonment, to date from 25 December 2016 and expiring on 24 December 2026. The non-parole period is a term of imprisonment of 6 years and 6 months, expiring on 24 June 2023. The balance of term is 3 years and 6 months. For all Commonwealth offences (sequences 2 and 10), pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW): the offender is sentenced to an aggregate term of 16 years imprisonment, to date from 25 December 2017 and expiring on 24 December 2033. The non-parole period is 10 years, expiring on 24 December 2027. The offender will be first eligible for parole on 24 December 2027. The balance of term is a period of 6 years, expiring on 24 December 2033. The indicative sentence for each individual charge is as follows: Sequence 2, conspiring to import commercial quantities of border controlled drugs: 6 years imprisonment. Sequence 10, conspiring to import commercial quantities of border controlled drugs: 13 years imprisonment. Sentencing discount applied to the aggregate sentence: 40% [REDACTED]. Taken as an overall sentence, inclusive of both sentences imposed, the total term is one of 17 years imprisonment. The earliest release date is 24 December 2027. John Tobin For all Commonwealth offences (sequences 2 and 4), pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW): the offender is sentenced to an aggregate term of 12 years imprisonment, to date from 25 December 2016 and expiring on 24 December 2028. The non-parole period is 8 years and 6 months imprisonment, expiring on 24 June 2025. The offender will be first eligible for parole on 24 June 2025. The balance of term is a period of 3 years and 6 months, expiring on 24 December 2028. The indicative sentence for each individual charge is as follows: Sequence 2, conspiring to import commercial quantities of border controlled drugs: 6 years and 1 month imprisonment. Sequence 4, conspiring to import commercial quantities of border controlled drugs: 8 years and 11 months imprisonment. Catchwords: CRIME – conspiracy to import commercial quantity of border controlled drugs – multiple offenders – multiple counts – large scale importations planned Legislation Cited: Crimes Act 1914 Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code Drugs (Misuse and Trafficking Act 1986 (NSW) Cases Cited: DPP v Beattie [2017] NSWCCA 301 Holyoak v The Queen (1995) 82 A Crim R 502 R v McLean [2001] NSWCCA 58; 121 A Crim 484 Category: Sentence Parties: Regina (Cth) [Person A] (First Accused) [Person C] (Second Accused) John Roland Boyd Tobin (Third Accused) Representation: Counsel: