R v Fitzsimmonds [2018] NSWDC 470

District Court New South Wales

Medium Neutral Citation: R v Fitzsimmonds [2018] NSWDC 470 Hearing dates: 4 December 2018 Date of orders: 04 December 2018 Decision date: 04 December 2018 Jurisdiction: Criminal Before: Neilson DCJ Decision: Head sentence of nine years imprisonment. I discount that by 25% for the utilitarian value of the offender's plea of guilty. That reduces the head sentence to six years and nine months.

Non-parole period for this offence is four years and six months.

Parole for a period of two years and three months. The sentence must commence at the time the offender was taken into custody on 16 February 2017. Catchwords: CRIME – SENTENCE – Attempting to possess an unlawfully imported border controlled drug, 39.52 kgs of methylamphetamine – offender involved with a Chinese syndicate which imported 118.24 kgs of methylamphetamine collected nearly 40 kgs of that substance from another (unknown to him) at Auburn and transported to Wiseman's Ferry where he was arrested - offender had been promised by a person in Hong Kong about one and a half months earlier A$2000 to "pick up some bags in Sydney" – offender trusted with a large quantity of the drug – 42 year old male with 2 dependent teenage children with long history of drug addiction and personal difficulties – sentence of 6 years 9 months, NPP 4 years 6 months Legislation Cited: Criminal Code Act 1995 (Cth) Crimes Act 1914 (Cth) Cases Cited: Chan, Lo and Nguyen v R [2010] NSWCCA 153 Dao v R [2011] NSWCCA 183 Lau and Lau v R [2014] NSWCCA 179 Luong & Anor v DPP (Commonwealth) [2013] VSCA 296 R v Phelps [2018] NSWCCA 192 Xiao v R [2018] NSWCCA 2 Yu v R [2016] NSWCCA 73 Zhang v R [2010] NSWCCA 105 Category: Sentence Parties: Regina (Crown) Bradley Ross Fitzsimmonds (Offender) Representation: Counsel: Ms S Hatch (Crown) Mr I McLachlan (Offender)