A 40-year-old man from Liverpool in Sydney’s south-west that was convicted in June 2014 for attempting to import methylamphetamine from India has had his application to appeal his sentence rejected.
Nosiru Iyanda AJELARA, a Nigerian citizen was sentenced to five years imprisonment with a two year non-parole period. On 17 April 2015, his appeal was rejected and Ajelara ordered to continue his gaol term.
It was decided that the sentencing Judge gave appropriate consideration to all relevant circumstances and comparable cases and the sentence imposed was not excessive.
Ajelara was involved in the importation of a package containing methylamphetamine. The package was intercepted and x-rayed by the Australian Customs and Border Protection Service in Sydney. Subsequent examination revealed that it contained a metal cog, various types of metal accessories and an amount of white crystalline powder.
Preliminary testing of the powder returned positive results for methamphetamine. The total gross weight of the drug was 297.60 grams. The methylamphetamine was substituted with an inert substance and a controlled delivery was undertaken.
The package was delivered and accepted by Ajelara. A search warrant was executed at the delivery address and the parcel was located and seized. The defendant was found in possession of two mobile phones, both of which were linked to the delivery of the package.
Ajelara admitted to Australian Federal Police officers that he knew the package contained drugs, however he did not know the exact quantity of the drug.
Analysis confirmed the drug sample contained 36.6% methylamphetamine—a pure drug weight 108.5 grams.
Ajelara had a criminal history which included the importation of an illicit substance into the United Kingdom in 2005 for which a five year term of imprisonment was imposed.
On sentence her Honour Justice Lyons took into account Ajelara’s early plea of guilty, his personal circumstances including his wife’s medical issues and current difficult pregnancy and his criminal history.
Her Honour also had regard to the amount of drugs involved which was fifty times over the minimum marketable quantity but well below the maximum quantity; the involvement of the defendant in the operation which was held to be at a low level; that he was not a drug addict and that his involvement was for personal gain. Her Honour found the decision of R v Omorogbe  NSW CCA 201 to be the most relevant comparative decision.
Nosiru Iyanda AJELARA was convicted and sentenced in relation to:
- One count of attempting to possess a marketable quantity of an unlawfully imported border controlled drug, namely methylamphetamine, contrary to section 307.6 and section 11.1 of the Criminal Code (Cth).
The maximum penalty for an offence against section 307.6 of the Criminal Code is twenty-five years imprisonment and/ or a fine of $850,000.