Case Note – 9+ years for trafficking over a short period of time.

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R v Fischer [2020] QCA 66

Appeal of sentence for high level trafficking over a short period of time, where 23 months as time served leading up to sentence was not declarable due to existing orders.

Facts: Trafficking over a period of about 9 months involving kilogram and half-kilogram amounts of methylamphetamine, at times MDMA in large volume (5,000 tablets). The appellant had a client base of about 60 customers selling firearms when business was slow.

The appellant was on other orders at the time of offending, time in pre-sentence custody was not declarable. The appellant was sentenced to 9 years and 8 months for the trafficking offence with a serious drug offence declaration being made resulting in parole eligibility after 10 years.

Finding:  Sentence was well within range; personal deterrence was a live factor as offending occurred whilst on supervised orders.

Notes for practice:

  • Examine the gravity of the trafficking and the duration.  
  • Sentencing case for high volume trafficking over a short period of time.

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