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New Zealand Customs Service v Cavali [2019] NZDC 1513

Published 31 May 2019

Sentencing — drug importation — Class A — cocaine — sentencing indication — mitigating factors — drug offending. The defendant appeared for sentence having pleaded guilty to one charge of importing 1356 grams and approximately 500 millilitres of cocaine, a Class A drug, into New Zealand. The Judge had previously provided a sentencing indication which fixed the starting point at 11 years' imprisonment, but allowed for further discounts and a reduction for the defendant's guilty plea. The Judge granted a 15 percent discount for the fact that the crime was committed under some coercion, which had resulted in a diagnosis of post-traumatic stress disorder. A further 10 percent was discounted for the defendant's demonstrated remorse, lack of previous convictions, efforts at rehabilitation, and the defendant's lack of family support in New Zealand. The defendant also received a full 25 percent discount for his guilty plea, bringing the end sentence to five years and six months' imprisonment. Judgment Date: 30 January 2019.