Montgomery DCJ sentenced the offender to 3 years and 10 months imprisonment with a 2-year non-parole period for attempted importation of a commercial quantity of pseudoephedrine (Count 3), with a further attempted importation of commercial quantity MDMA (Count 4) taken into account under s 16BA. The Court assessed objective seriousness as low, finding the offender acted with recklessness rather than knowledge as to the type, quantity and purity of the substances, occupied a subordinate recipient-only role directed by a principal, and was motivated by minimal to modest financial gain. A 7% discount was applied for a guilty plea entered on the first day of trial, the Court finding no entitlement to the NSW s 25A mandatory discount regime for Commonwealth offences, and the offender's borderline intellectual functioning and ADHD were found to reduce moral culpability to a degree but were not causally connected to the offending so as to reduce objective seriousness.
The full text is available to signed-in members.