R v Chew [2022] NSWDC 325

R v Chew [2022] NSWDC 325

The offending required custodial sentences because the offender knowingly involved himself for financial reward in drug distribution and proceeds of crime activity, including attempting to possess 186.27 grams of pure heroin and holding 123 grams of methylamphetamine, but his low-level role, modest reward, guilty pleas, prior good character, contrition, limited English, mental health issues, isolation, COVID-19 custodial hardship and prospects of rehabilitation justified moderated and partially accumulated sentences with a shortened Commonwealth non-parole period.

Jurisdiction
Australia
Judgment Date
17 March 2022
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas on a Fresh Indictment, With a S 16 BA Schedule Matter Taken Into Account
Outcome
The offender was sentenced to a fixed term of 1 year and 6 months for the State offence and 3 years and 4 months imprisonment for the Commonwealth offence, with a non-parole period of 1 year and 9 months. The total effective sentence was 4 years and 1 month, with a minimum period in custody of 2 years and 6 months.
Legal Topics
['attempt to Possess a Marketable Quantity of an Unlawfully Imported Border Controlled Drug' 'supply Prohibited Drug' 'deal With Proceeds of Crime' 'guilty Plea Discount' 'state and Commonwealth Sentencing' 'totality' 'covid 19 Impact on Custody']
['criminal Law' 'sentencing'] ['attempt to Possess a Marketable Quantity of an Unlawfully Imported Border Controlled Drug' 'supply Prohibited Drug' 'deal With Proceeds of Crime' 'guilty Plea Discount' 'state and Commonwealth Sentencing' 'totality' 'covid 19 Impact on Custody']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas on a Fresh Indictment, With a S 16 BA Schedule Matter Taken Into Account

Legal Issues

  1. 1 ['What sentence should be imposed for attempting to possess a marketable quantity of unlawfully imported controlled drugs.' 'What sentence should be imposed for supplying a prohibited drug.' 'What effect the s 16BA Schedule offence of dealing with proceeds of crime over $100,000 should have on the Commonwealth sentence.' "How to apply guilty plea discounts, accumulation, totality and the offender's personal circumstances, including limited English, mental health, low-level role and COVID-19 custodial conditions."]

Ratio Decidendi

The offending required custodial sentences because the offender knowingly involved himself for financial reward in drug distribution and proceeds of crime activity, including attempting to possess 186.27 grams of pure heroin and holding 123 grams of methylamphetamine, but his low-level role, modest reward, guilty pleas, prior good character, contrition, limited English, mental health issues, isolation, COVID-19 custodial hardship and prospects of rehabilitation justified moderated and partially accumulated sentences with a shortened Commonwealth non-parole period.

Court Disposition

The offender was sentenced to a fixed term of 1 year and 6 months for the State offence and 3 years and 4 months imprisonment for the Commonwealth offence, with a non-parole period of 1 year and 9 months. The total effective sentence was 4 years and 1 month, with a minimum period in custody of 2 years and 6 months.

Orders

  • ['For the State matter there will be fixed term of one year and six months dating from 4 February 2021.' 'For the Commonwealth matter, commencing 3 November 2021, the offender is sentenced to three years and four months imprisonment.' 'A non-parole period of one year and nine months is fixed for the Commonwealth...