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District Court 15 November 2024

R v Riviezzi

[2024] NSWDC 673

Drugs
CRIME SENTENCE REMORSE SHOWN GOOD PROSPECTS OF REHABILITATION LOW TO MODERATE PROSPECTS OF RECIDIVISM SPECIAL CIRCUMSTANCES FOUND.

Citation: [2024] NSWDC 673
Court: District Court of New South Wales
Date: 15 November 2024
Judge: Neilson DCJ

Background

The offender, an electrician, was stopped by police on the Pacific Highway at Coffs Harbour on 23 May 2023 while driving a company van. Police had acted on suspicion that he was carrying prohibited drugs. A search of the van revealed a concealed subfloor compartment fitted with a hydraulically operated hinged door, inside which police found 3.164 kilograms of cocaine packaged in black plastic.

The offender had agreed to transport the cocaine from Sydney to Queensland to discharge a drug debt he had accumulated as a result of his own addiction. DNA evidence was consistent with him having handled the exterior bags but not having been involved in the inner packaging of the drugs. He exercised his right to silence at the time of arrest.

The offender pleaded guilty in the Local Court at the earliest available opportunity and was convicted of knowingly taking part in the supply of a large commercial quantity of a prohibited drug, contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985.

  • What was the appropriate head sentence, having regard to the objective seriousness of the offence and the offender's role as a long-distance courier on a single occasion?
  • What discount should apply for the early guilty plea?
  • Whether special circumstances existed to justify departing from the standard statutory nexus between the head sentence and the non-parole period.

Decision

Neilson DCJ assessed the offending as falling towards the bottom of the range for knowingly taking part in the supply of a large commercial quantity of a prohibited drug. Although the appropriate descriptor for the offender's role was that of a courier, the court emphasised that couriers vary significantly in their level of involvement. Here, the offender transported a large commercial quantity over a long distance, which placed his conduct above the least serious examples of courier offending, even though he was acting on a one-off basis to repay a drug debt.

The court identified general deterrence as a significant sentencing consideration given the nature and quantity of the drug involved. However, the court was satisfied that specific deterrence was of lesser importance, noting the offender's genuine remorse, insight into the harm caused by drug trafficking, his lack of prior relevant history, and his low to moderate prospects of reoffending.

A psychologist's report supported findings that the offender had good prospects of rehabilitation. His substance use disorder was identified as a significant contributing factor to the offending, and the court noted the importance of an extended period of supervised parole to support his recovery and reduce the risk of relapse.

The court commenced the sentencing exercise with a theoretical sentence of five years, reduced by 25 percent for the early guilty plea to produce a head sentence of three years and nine months. Special circumstances were found, warranting a reduction in the non-parole period below the standard three-quarter statutory ratio, so as to extend the period of supervised parole and maximise rehabilitation prospects.

Orders Made

  • The offender was convicted of knowingly taking part in the supply of cocaine in an amount not less than a large commercial quantity (3,164 grams) on 23 May 2023 at Coffs Harbour.
  • Total sentence of three years and nine months imposed.
  • Non-parole period of two years and two months, commencing 23 May 2023 and expiring 22 July 2025.
  • Balance of sentence of one year and seven months, commencing 23 July 2025 and expiring 22 February 2027.
  • Special circumstances found; the offender is eligible for release on parole at the expiration of the non-parole period.

Key Takeaways

  • A courier's role in large commercial drug supply is not assessed by the label alone. The District Court looked beyond the "courier" descriptor to consider the distance travelled, the quantity involved, and the one-off nature of the involvement in calibrating objective seriousness.
  • Under s 25(2) of the Drug Misuse and Trafficking Act 1985, the maximum penalty is life imprisonment and the standard non-parole period is 15 years, applicable to mid-range offending following a contested trial.
  • An early guilty plea entered at the first available opportunity attracted a 25 percent discount on the head sentence.
  • Special circumstances were found where an extended parole period was considered necessary to support rehabilitation from substance use disorder, justifying a non-parole period below the standard three-quarter ratio.
  • Genuine remorse, demonstrated insight into community harm, the absence of prior relevant offending, and strong family support all contributed to findings of good rehabilitation prospects and low to moderate risk of recidivism.

Legislation and Cases Referenced

Legislation:
- Drug Misuse and Trafficking Act 1985 (NSW), s 25(2)

Cases cited: None cited in the judgment.