R v Azabal [2019] NSWDC 523

District Court New South Wales

Medium Neutral Citation: R v Azabal [2019] NSWDC 523 Hearing dates: 7 June 2019, 28 June 2019 Decision date: 28 June 2019 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: See [31] – [39] Catchwords: CRIME – Drug offences – state and federal offences – offence committed on bail - supply cocaine – attempt to import ketamine – import cocaine – use of dark web and crypto currency - summary of other sentences involving dark web importations. SENTENCING – relevant factors on sentence – early plea - offences committed while on conditional liberty – pro social support – lessons of custody learnt – drug addiction and gambling not mitigating factors – use of other decisions – general deterrence. Legislation Cited: Crimes Act 1914 (Commonwealth) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code 1995 (Commonwealth) Drug (Misuse and Trafficking) Act 1985 (NSW) Cases Cited: Dunning v The Queen [2018] TASCCA 21 R v Blackman and Walters [2001] NSWCCA 121 R v Damien Thomas [2017] VCC 1060 R v Jewel Griffiths (Western Australia District Court, Judge Burrows, 8 February 2019) R v Mead [2017] NSWDC 1 Siwek [2017] NSWCCA 178. Tran v Western Australia [2019] WASCA 50 Category: Sentence Parties: Michael Richard Azabal (the offender) Director of Public Prosecutions - NSW Director of Public Prosecutions - Commonwealth Representation: Solicitors: Mr N McCarthy (for the offender) Ms K Zielinski (for the Director of Public Prosecutions - NSW) Ms C Brain (for the Director of Public Prosecutions – Commonwealth) File Number(s): 2018/00008303; 2018/00243705 (Commonwealth) Publication restriction: Non publication order applies to a portion of the transcript of 28 June 2019.