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District Court 11 September 2020

R v Conroy

[2020] NSWDC 604

Drugs
FEDERAL CRIMINAL LAW NO PRIOR RELEVANT CONVICTION SOME DISADVANTAGE GROWING UP

Citation: R v Conroy [2020] NSWDC 604
Court: District Court of New South Wales
Date: 11 September 2020
Judge(s): Neilson DCJ

Background

The offender, a 22-year-old man at the time of the offence, pleaded guilty to attempting to import a marketable quantity of methamphetamine contrary to ss 307.2(1) and 11.1(1) of the Criminal Code 1995 (Cth). The offence carried a maximum penalty of 25 years' imprisonment. The offender had no prior relevant criminal history.

The offender was recruited through encrypted messaging on the Wickr application to collect a parcel from a post office in Kensington, Sydney, on 9 October 2019. The parcel, sent from Memphis, Tennessee and addressed to a fictitious consignee, contained approximately 250 grams of methamphetamine concealed within baby formula. The Australian Border Force had intercepted the consignment, replaced the drug with an inert substance, and coordinated a controlled delivery. Police arrested the offender as he walked out of the post office with the reconstituted parcel.

The purity-adjusted weight of the methamphetamine was 194.376 grams, with an estimated street value of approximately $190,000. The offender stood to earn between $4,000 and $5,000 for collecting the parcel and distributing ounce quantities to addresses he would be given.

  • What was the appropriate head sentence and non-parole period for a young, first-time offender who pleaded guilty to attempting to import a marketable quantity of methamphetamine?
  • How should the offender's age, mental health (generalised anxiety disorder), background disadvantage, and early guilty plea be weighed in mitigation?
  • What credit, if any, should be given for the offender's cooperation and remorse, against the background of initial lies told to police?

Decision

Neilson DCJ found that the offender played a necessary and integral role in the attempted importation. Although the offender was not at the top of the criminal hierarchy, he was fully aware of the nature and approximate quantity of the drug before he attempted to collect it. The Wickr messages established clearly that the offender knew he was handling methamphetamine and understood the distribution scheme he was entering.

The court accepted a number of mitigating factors. The offender was young (22 at the time of the offence, 23 at sentence), had no prior relevant convictions, and came from a background marked by some disadvantage, including early exposure to alcohol and drugs. A psychologist's report confirmed the offender suffered from a generalised anxiety disorder at the time of the offence, which affected his judgment, though the disorder did not excuse his conduct.

The court also took into account the offender's early guilty plea, which entitled him to a discount, and his expression of remorse. His Honour noted that the offender had lied extensively in his electronically recorded interview, initially fabricating a story about meeting a stranger while walking his dog, but ultimately acknowledged the truth at the sentencing hearing. The lies were taken into account but did not negate the genuine remorse and cooperation ultimately shown.

Balancing the objective seriousness of the offence against the mitigating circumstances, the court imposed a total sentence of four years' imprisonment with a non-parole period of two years and four months. The sentence was backdated to 9 September 2020.

Orders Made

  • The offender was convicted of one count of attempting to import a marketable quantity of methamphetamine (194.376 grams pure), contrary to ss 307.2(1) and 11.1(1) of the Criminal Code 1995 (Cth).
  • Sentenced to four years' imprisonment, commencing 9 September 2020 and expiring 8 September 2024.
  • Non-parole period fixed at two years and four months, commencing 9 September 2020 and expiring 8 January 2023.

Key Takeaways

  • A young offender's age, anxiety disorder, and background disadvantage can operate as mitigating factors in federal drug sentencing, but they do not outweigh the objective seriousness of knowingly participating in an attempted importation of a marketable quantity of methamphetamine.
  • Prior lies to police do not necessarily extinguish a finding of genuine remorse, provided the offender ultimately accepts the truth and demonstrates contrition at the sentencing hearing.
  • Where encrypted messaging evidence establishes that an offender knew both the nature and the approximate quantity of the drug before collecting it, claims of ignorance will not be accepted.
  • The District Court treated the offender's role as "necessary and integral" even though he was not at the apex of the importing syndicate, reflecting the established principle that couriers and collectors can bear significant criminal responsibility.
  • Under the Criminal Code 1995 (Cth), attempting to import a marketable quantity of a border controlled drug attracts a maximum of 25 years' imprisonment; in this case, a head sentence of four years reflected the combination of a plea of guilty, youth, first-offender status, and genuine personal mitigating factors.

Legislation and Cases Referenced

Legislation
- Criminal Code 1995 (Cth), ss 307.2(1), 11.1(1)

Cases
- R v Faver [2020] SAFC 49
- Wong v The Queen (2001) 207 CLR 584