Wednesday 20 February 2008

John James Boyd appeal dismissed

John James Boyd, 32, was jailed after pleading guilty to helping import $80,000 worth of ecstasy from British Columbia in Canada, in 2005.The 2024 ecstasy tablets were mailed to an address at Mermaid Beach, on the Gold Coast, but the parcel was intercepted by authorities who found cheap toys and the ecstasy tablets, wrapped in a smaller package using birthday gift paper.Federal Police used plain tablets to replace the ecstasy before the box was repackaged and sent to Mermaid Beach on November 2, 2005.The court was told a federal officer delivered the package and police waited outside the home while a co-accused accepted the parcel.Within 15 minutes Boyd emerged from the house with the parcel and was arrested by police.
Boyd had sent a total of $16,080 to Canadian bank accounts in October 2005.
He said he was a heavy steroids user and became involved in the importing of a package because he owed his steroids supplier money.Boyd, who said he believed the package contained steroids, appealed on the grounds the sentence was manifestly excessive.He argued the crown had exaggerated his role in the importation, he had been an unwitting party to importing ecstasy and there had been threats made against him.In an unanimous written judgment, which became available today, the Court of Appeal dismissed the appeal.The Court of Appeal's President Margaret McMurdo said Boyd was in the Australian army before spending six years in the NSW police force where he worked in indigenous communities, did charity work and received a bravery award.Justice McMurdo noted since he had left the police Boyd had continued his charity work in detention centres and was working as youth counsellor at the time of his arrest."He is a mature man. His prior community work makes his involvment in this offence all the more puzzling," she said.
Justice McMurdo said, however, there was no support for the proposition the sentence was manifestly excessive and the appeal should be dismissed.

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