A Newcastle man who agreed to act as a courier in an operation to import more than 3kg of MDMA from Europe has been sentenced to a maximum of three years and six months in jail.
But the now 24-year-old could be released on parole as soon as November 10, after a judge in Newcastle District Court on Friday said the man's role was "almost as low as one can conceive for participation in such an enterprise".
Bandu Crispin Kwabo provided five addresses to who court documents describe as "unknown persons", including the home of his friend in Hamilton.
Australian Border Force officers intercepted a package being sent to the Hamilton premises in April, 2021, containing a new piece of cooking equipment - a bain-marie. Inside the bain-marie, three bags containing a large amount of MDMA were found.
According to a statement of agreed facts tendered to the court, the package was then delivered to the Hamilton premises by courier under surveillance - despite Kwabo's friend telling him she no longer wanted to be involved.
Police were watching the property as the woman took the package briefly inside before returning it to the front veranda and hiding it under pillows and blankets.
The package contained just over 3kg of MDMA of about 75 per cent purity.
Investigators arrested the woman the following morning. By this time, Kwabo was already in custody.
During an interview with police, Kwabo admitted to giving the overseas supplier five addresses but said he did not know what was in the package - he did not believe it would contain drugs.
He told police he was arrested before he could pick up the package, as planned.
Kwabo believed he would receive about $5000 for completing the job - money he planned to split with his friend from the Hamilton address.
In court on Friday, Judge Peter Whitford, SC, said Kwabo had committed "a serious offence" and that the prosecution case had been strong - but that was mainly because of the admissions Kwabo made to police after his arrest.
Judge Whitford said Kwabo was born in the Congo and came to Australia as a refugee in 2007.
As a nine-year-old in a refugee camp in Uganda, Kwabo was "exposed to significant acts of violence perpetrated by others", Judge Whitford said. The court heard that Kwabo was suffering from the effects of post traumatic stress disorder due to his experiences as a child and had been experiencing anxiety and depression after losing his job as a result of the COVID-19 pandemic.
Judge Whitford described Kwabo's role in the drug importation operation as "in the nature of a courier".
Kwabo was arrested as part of an Operation Ironside and charged with aiding and abetting the importation of a commercial quantity of a border controlled drug.
He was handed a non parole period of one year and six months, back-dated to account for time he has spent in custody since he was charged last year.
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