R v Mackie [2021] NSWDC 94

R v Mackie [2021] NSWDC 94

The detention offence was below the mid-range of objective seriousness but not at the bottom of the range, given the period, circumstances, purpose, some limited planning, financial motive and the offender's participation in a joint criminal enterprise, although it was not proved that he knew before the victim was forced towards the vehicle that she was to be detained. The supply offence was also below the mid-range but not at the bottom, because the offender acted as a courier in a planned supply of 499.8 grams of cocaine for anticipated financial reward. Taking into account the early guilty pleas, youth, lack of relevant criminal history, remorse, PTSD and substance use issues, good...

Jurisdiction
Australia
Judgment Date
29 January 2021
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment, with referral to the Drug Court for consideration of a compulsory drug treatment order.
Legal Topics
['detain for Advantage' 'supply Prohibited Drug' 'possess Prohibited Drug' 'aggregate Sentence' 'non Parole Period' 'compulsory Drug Treatment Referral']
['criminal Law' 'sentencing'] ['detain for Advantage' 'supply Prohibited Drug' 'possess Prohibited Drug' 'aggregate Sentence' 'non Parole Period' 'compulsory Drug Treatment Referral']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['Assessment of objective seriousness for the offence of detaining Shaynaya Fitzpatrick for advantage while in company.' 'Assessment of objective seriousness for supplying 499.8 grams of cocaine, not less than the commercial quantity.' 'Whether the possession of 7.87 grams of Stanozolol should be taken into account on a Form 1 when sentencing for the supply offence.' "The effect of the offender's youth, lack of relevant criminal history, guilty pleas, remorse, PTSD, substance use disorder and prospects of rehabilitation on sentence." 'Whether special circumstances justified a longer period on parole and a reduced non-parole period.' 'Parity with co-offenders sentenced for the detention offence.']

Ratio Decidendi

The detention offence was below the mid-range of objective seriousness but not at the bottom of the range, given the period, circumstances, purpose, some limited planning, financial motive and the offender's participation in a joint criminal enterprise, although it was not proved that he knew before the victim was forced towards the vehicle that she was to be detained. The supply offence was also below the mid-range but not at the bottom, because the offender acted as a courier in a planned supply of 499.8 grams of cocaine for anticipated financial reward. Taking into account the early guilty pleas, youth, lack of relevant criminal history, remorse, PTSD and substance use issues, good...

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment, with referral to the Drug Court for consideration of a compulsory drug treatment order.

Orders

  • ['The offender is convicted of the offences to which he pleaded guilty.' 'Impose an aggregate sentence of 4 years and 6 months imprisonment with a non-parole period of 2 years and 9 months. The sentence commences on 26 November 2019 and expires on 25 May 2024. The non-parole period expires on 25 August 2022.'...