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5
District Court 16 August 2024

R v Campbell

[2024] NSWDC 413

DrugsFraud & dishonestyFirearms & weapons
CRIME SENTENCE 53.46 KILOGRAMS OF METHAMPHETAMINE 492.7 GRAMS OF COCAINE GEL BALL AIR GUN. CRIMINAL HISTORY DISADVANTAGED BACKGROUND

Citation: R v Campbell [2024] NSWDC 413
Court: District Court of New South Wales
Date: 16 August 2024
Judge: Neilson DCJ

Background

The offender pleaded guilty to five charges arising from his involvement in a significant drug importation and trafficking syndicate operating across New South Wales, Queensland, and Western Australia in late 2022. The syndicate imported and distributed commercial quantities of methamphetamine and cocaine, using encrypted messaging applications, fake identification documents, and concealed storage facilities to evade detection.

The offender's role was that of a facilitator and accessory rather than a principal. He provided fraudulent identification documents used to lease storage units, assisted in coordinating the delivery of imported methamphetamine to those units, and rented a storage facility in Queensland using a fake licence. He was not a leader of the syndicate and was not party to all communications between the principals.

Separately, in November 2022, the offender was found in possession of two gel ball air pistols (classified as prohibited firearms under New South Wales law) and equipment capable of producing fraudulent New South Wales Driver Licences.

  • What sentences were appropriate for the offender's role as an accessory in the importation of 53.46 kilograms of methamphetamine (a commercial quantity) and the trafficking of 492.7 grams of cocaine (a marketable quantity), under the Criminal Code Act 1995 (Cth)?
  • How should the early guilty pleas be reflected in the sentences for both Commonwealth and State offences?
  • Whether an aggregate sentence could be imposed across both Commonwealth and State offences, given current uncertainty in the law.
  • What weight should be given to the offender's personal circumstances, including his disadvantaged background, contrition, and prospects of rehabilitation?
  • Whether the offender was eligible for referral to the Drug Court for a compulsory drug treatment order.

Decision

Neilson DCJ imposed separate sentences for the two Commonwealth offences and an aggregate sentence for the three State offences, reflecting the different sentencing regimes that apply to federal and state charges. The Court noted ongoing uncertainty about whether an aggregate sentence can be imposed across multiple Commonwealth offences, with that question then reserved before the NSW Court of Criminal Appeal. Accordingly, the two federal sentences were imposed separately.

For the Commonwealth offences, the Court recognised the serious objective gravity of the charges: aiding the importation of over 53 kilograms of methamphetamine carries a maximum of life imprisonment. However, the offender's role was described as limited compared to the principals, and the Court applied a discount for his early guilty plea in conformity with the approach in Xiao v R [2018] NSWCCA 4. The Court also noted the offender's disadvantaged background, genuine contrition, and good prospects of rehabilitation as mitigating factors.

For the State offences (possession of two prohibited firearms and possession of identity fraud equipment), the Court imposed an aggregate sentence with a non-parole period of one year and one month. The firearms were gel ball air guns, a factor relevant to the objective seriousness of those offences, though they remained prohibited firearms under the Firearms Act 1996.

The Court found the offender to be an "eligible convicted offender" within the meaning of s 5A of the Drug Court Act 1998 and referred him to the Drug Court to determine whether a compulsory drug treatment order was appropriate. The Court declared, pursuant to s 17A of the Crimes Act 1914 (Cth), that no sentence other than full-time imprisonment was appropriate for the two federal charges.

Orders Made

  • The offender was convicted on all counts.
  • State offences (aggregate sentence): Non-parole period of one year and one month commencing 11 November 2022, expiring 10 December 2023; balance of sentence of five months expiring 10 May 2024; total head sentence of one year and six months. Count 4 taken into account on a Form 1.
  • Count 2 (aiding trafficking of cocaine, Commonwealth): Three years' imprisonment commencing 11 December 2023, with release on a Recognizance Release Order on 10 December 2025.
  • Count 1 (aiding importation of methamphetamine, Commonwealth): Three years and six months' imprisonment commencing 11 December 2025, expiring 10 June 2029; non-parole period of two years expiring 10 December 2027.
  • The offender was referred to the Drug Court under s 18B of the Drug Court Act 1998 to determine whether a compulsory drug treatment order should be made.
  • Certain affidavits and a notice of motion were ordered sealed and not to be opened other than by a Judge.
  • A declaration was made under s 17A of the Crimes Act 1914 (Cth) that full-time imprisonment was the only appropriate sentence for Counts 1 and 2.

Key Takeaways

  • Accessorial involvement in a large-scale drug importation syndicate, even where the offender is not a principal, will still attract significant custodial sentences given the gravity of the underlying offences.
  • Under Xiao v R, Commonwealth offenders who plead guilty at the earliest opportunity are entitled to a sentencing discount that mirrors the approach taken for State offences, and courts must apply that principle when sentencing on federal charges.
  • Where uncertainty exists about whether an aggregate sentence can be imposed across multiple Commonwealth charges, a sentencing court will impose separate sentences for each federal offence rather than risk appealable error.
  • The Drug Court Act 1998 provides a pathway for referral to the Drug Court even after sentences for serious Commonwealth drug offences have been imposed, provided the offender qualifies as an "eligible convicted offender" under s 5A of that Act.
  • Factors such as limited role within a syndicate, a disadvantaged background, genuine remorse, and good rehabilitation prospects can influence the structure and length of sentences, even where the objective seriousness of the offending is high.

Legislation and Cases Referenced

Legislation:
- Criminal Code Act 1995 (Cth), ss 302.3(1), 307.1(1)
- Crimes Act 1914 (Cth), ss 16A(2)(g), 17A
- Firearms Act 1996 (NSW), ss 7(1), 7A(1)
- Crimes Act 1900 (NSW), s 192L
- Drug Court Act 1998 (NSW), ss 5A, 18B
- Criminal Procedure Act 1986 (NSW), s 166

Cases:
- Xiao v R [2018] NSWCCA 4
- Rex v Smith [2023] NSWDC 254