R v Hitchen [2020] NSWDC 498

R v Hitchen [2020] NSWDC 498

The offender occupied a central role in an ongoing methylamphetamine manufacturing conspiracy and supply business, even though the court was not satisfied he was the chemist. The conspiracy offence was around midrange objective seriousness; the supply offence was below midrange but not in the lowest range, with the Form 1 proceeds offence moderately increasing punishment; and the firearm offence was low objective seriousness. Given the seriousness of the drug offences, high moral culpability, need for deterrence, guilty plea discount, reasonable rehabilitation prospects, totality, and special circumstances arising from the offender's first period in custody, an aggregate full-time...

Jurisdiction
Australia
Judgment Date
03 August 2020
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas
Outcome
Sentenced to an aggregate term of imprisonment of 10 years 6 months with a non-parole period of 6 years 9 months.
Legal Topics
['conspiracy to Manufacture Commercial Quantity of Methylamphetamine' 'knowingly Take Part in Supply of Large Commercial Quantity of Methylamphetamine' 'possess Unauthorised Firearm' 'form 1 Proceeds of Crime Offence' 'aggregate Sentence' 'non Parole Period']
['criminal Law' 'sentencing'] ['conspiracy to Manufacture Commercial Quantity of Methylamphetamine' 'knowingly Take Part in Supply of Large Commercial Quantity of Methylamphetamine' 'possess Unauthorised Firearm' 'form 1 Proceeds of Crime Offence' 'aggregate Sentence' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for conspiracy to manufacture not less than the commercial quantity of methylamphetamine, knowingly taking part in supply of a large commercial quantity of methylamphetamine, and possessing an unauthorised firearm.' 'What role the offender played in the drug manufacturing conspiracy and supply business and how that affected objective seriousness.' 'What effect should be given to the Form 1 offence of knowingly dealing with proceeds of crime.' 'Whether an aggregate sentence with accumulation and special circumstances should be imposed.']

Ratio Decidendi

The offender occupied a central role in an ongoing methylamphetamine manufacturing conspiracy and supply business, even though the court was not satisfied he was the chemist. The conspiracy offence was around midrange objective seriousness; the supply offence was below midrange but not in the lowest range, with the Form 1 proceeds offence moderately increasing punishment; and the firearm offence was low objective seriousness. Given the seriousness of the drug offences, high moral culpability, need for deterrence, guilty plea discount, reasonable rehabilitation prospects, totality, and special circumstances arising from the offender's first period in custody, an aggregate full-time...

Court Disposition

Sentenced to an aggregate term of imprisonment of 10 years 6 months with a non-parole period of 6 years 9 months.

Orders

  • ['An aggregate sentence of 10 years 6 months is imposed.' 'A non-parole period of 6 years 9 months is set.' 'The sentence and non-parole period date from 11 October 2018.' 'The head sentence will expire on 10 April 2029.' 'The non-parole period will expire on 10 July 2025.' 'The drugs seized by police are to be...