R v To [2020] NSWDC 923

R v To [2020] NSWDC 923

The offender's conduct involved serious planned drug offending, including an attempt to possess a very large commercial quantity of pure methamphetamine and State supply offences involving substantial quantities of heroin and methylamphetamine. The Court treated the disputed coded references only as illustrative of the offender's general role in drug distribution and not as aggravating the charged offences. The offender was not a principal or organiser of the importation, but his role was above that of a mere recipient because he collected the consignment and attempted to open the concealed exhaust pipes. Balancing the objective seriousness, the need for general deterrence, the offender's...

Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty
Outcome
Sentenced to an effective overall sentence of 9 years with a 6 year minimum term.
Legal Topics
['attempt to Possess Commercial Quantity of Border Controlled Drug' 'supply Prohibited Drug' 'deemed Supply' 'proceeds of Crime' 'form 1 Offences' 'objective Seriousness' 'youth and Rehabilitation' 'general Deterrence' 'de Simoni Principle']
['criminal Law' 'sentencing' 'drug Offences'] ['attempt to Possess Commercial Quantity of Border Controlled Drug' 'supply Prohibited Drug' 'deemed Supply' 'proceeds of Crime' 'form 1 Offences' 'objective Seriousness' 'youth and Rehabilitation' 'general Deterrence' 'de Simoni Principle']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for attempting to possess 11.44 kilograms pure methamphetamine as a commercial quantity of a border-controlled drug.' 'What sentences should be imposed for deemed supply of 184.3 grams of heroin and 206.3 grams of methylamphetamine, with two additional State offences on a Form 1 taken into account.' 'Whether references in text messages to a "keg of Emily" could be used consistently with the De Simoni principle.' 'What role the offender played in the drug importation and drug distribution activity.' "What weight should be given to the offender's youth, lack of prior convictions, plea of guilty, remorse, rehabilitation prospects, and deterrence."]

Ratio Decidendi

The offender's conduct involved serious planned drug offending, including an attempt to possess a very large commercial quantity of pure methamphetamine and State supply offences involving substantial quantities of heroin and methylamphetamine. The Court treated the disputed coded references only as illustrative of the offender's general role in drug distribution and not as aggravating the charged offences. The offender was not a principal or organiser of the importation, but his role was above that of a mere recipient because he collected the consignment and attempted to open the concealed exhaust pipes. Balancing the objective seriousness, the need for general deterrence, the offender's...

Court Disposition

Sentenced to an effective overall sentence of 9 years with a 6 year minimum term.

Orders

  • ['For count 2, supplying a prohibited drug, namely heroin, the offender was sentenced to 2 years imprisonment with a non-parole period of 12 months, commencing 7 November 2019 and expiring 6 November 2020.' 'For count 3, supplying a prohibited drug, namely 206 grams of methylamphetamine, taking into account the two...