Case Note – Couriering Drugs 6 years imprisonment

Murray Torcetti Lawyers are criminal lawyers in Caboolture. We write our own case notes from recent criminal decisions for internal purposes.

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R v Peirano [QCA] 100

Facts: An appeal against the sentence for possessing methylamphetamine.

The appellant knowingly acted as a “drug runner” between Brisbane and Mackay knowing it was for commercial purposes. The appellant had no criminal history and had been treated for depression and anxiety for some time.

A sentence of six years imprisonment with parole eligibility after serving 20 months was imposed. The appellant appealed on the basis of the sentence being manifestly excessive. The appellant was 32 years old when the offending occurred and 33 at the sentence.

A total of 186.189 g of pure methylamphetamine and a total weight of 276 g was located in a search. The appellant was connected with other offenders who were charged with trafficking, he was sentenced on the basis that he was moving the drugs from different locations at the request of the co-accused.

The Crown was unable to state the extent to which the appellant had benefited but had previously been paid $2500 by a co-accused.

Finding: The court affirmed the sentence of six years with parole eligibility roughly 4 months under the one third mark as being an appropriate sentence in all the circumstances.  

Notes for practice:

  • QCA sentencing for courier possession connected to trafficking absent the trafficking charge.

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