R v Turk [2020] NSWDC 400

R v Turk [2020] NSWDC 400

Although the offender was young, had no prior record, pleaded guilty early, showed remorse, had strong family support and good prospects if supervised, the rolled up commercial supply involved repeated supplies above street level for financial gain and required full time custody to reflect objective seriousness, punishment and deterrence. Special circumstances justified a reduced non-parole period to allow parole supervision and treatment, and the early plea justified a 25% reduction from an otherwise appropriate sentence of three years.

Jurisdiction
Australia
Judgment Date
17 June 2020
Procedural Posture
Criminal Sentence for Supply of Not Less Than Commercial Quantity of Prohibited Drug / Sentencing After Guilty Plea
Outcome
Conviction entered; sentenced to imprisonment for 2 years 3 months with a non-parole period of 1 year 2 months and a parole period of 1 year 1 month; proceeds of crime order made for $2,500.
Legal Topics
['commercial Supply of Mdma' 'rolled Up Count' 'early Guilty Plea' 'general Deterrence' 'drug Addiction' 'gambling Addiction' 'special Circumstances' 'parole Supervision' 'proceeds of Crime Order']
['criminal Law' 'sentencing' 'drug Offences'] ['commercial Supply of Mdma' 'rolled Up Count' 'early Guilty Plea' 'general Deterrence' 'drug Addiction' 'gambling Addiction' 'special Circumstances' 'parole Supervision' 'proceeds of Crime Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence for Supply of Not Less Than Commercial Quantity of Prohibited Drug / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for a rolled up count of commercial supply of MDMA under s25(2) Drug Misuse and Trafficking Act 1985.' 'Whether full time custody was required or whether an Intensive Corrections Order could be justified.' 'How to assess objective seriousness where the supplies were to an undercover operative and the drugs were intercepted.' "What weight should be given to the offender's early guilty plea, remorse, lack of prior record, drug and gambling addictions, family support, rehabilitation prospects, COVID-19 custody conditions and special circumstances."]

Ratio Decidendi

Although the offender was young, had no prior record, pleaded guilty early, showed remorse, had strong family support and good prospects if supervised, the rolled up commercial supply involved repeated supplies above street level for financial gain and required full time custody to reflect objective seriousness, punishment and deterrence. Special circumstances justified a reduced non-parole period to allow parole supervision and treatment, and the early plea justified a 25% reduction from an otherwise appropriate sentence of three years.

Court Disposition

Conviction entered; sentenced to imprisonment for 2 years 3 months with a non-parole period of 1 year 2 months and a parole period of 1 year 1 month; proceeds of crime order made for $2,500.

Orders

  • ['Conviction entered.' 'Non-parole period of 1 year 2 months commencing 17 October 2019 and expiring 16 December 2020.' 'Parole period of 1 year 1 month commencing 17 December 2020 and expiring 16 January 2022.' 'Total sentence of 2 years 3 months.' 'Drug destruction order to be made if necessary.' 'Pursuant to s 29...