R v Koekoe [2012] NSWDC 254

R v Koekoe [2012] NSWDC 254

The offender's supply of 101 tablets, substantially containing ecstasy and packaged with pepper to disguise the drugs, was objectively serious, premeditated, and involved trafficking in drugs to a substantial degree while she was subject to current bonds. Although no remorse discount was allowed, she received about a 20 per cent discount for the utility of her guilty plea, and her youth, dysfunctional upbringing, work history, family support, prison conduct, and reasonable to good rehabilitation prospects justified giving greater weight to rehabilitation and finding special circumstances for an extended supervised parole period.

Jurisdiction
Australia
Judgment Date
12 November 2012
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Convicted and sentenced to imprisonment with a non-parole period of 6 months and a total term of 16 months commencing on 30 September 2012, with release to parole on 29 March 2013.
Legal Topics
['discount for Guilty Plea' 'drug Supply' 'ecstasy' 'ketamine' 'methylamphetamine' 'amphetamine' 'remorse' 'rehabilitation' 'parole']
['criminal Law' 'sentencing'] ['discount for Guilty Plea' 'drug Supply' 'ecstasy' 'ketamine' 'methylamphetamine' 'amphetamine' 'remorse' 'rehabilitation' 'parole']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 22.8 grams of ecstasy at Olympic Park on 30 June 2012.' "What discount should be allowed for the offender's guilty plea on arraignment." 'Whether any discount should be given for remorse.' 'Whether special circumstances justified a longer parole period.']

Ratio Decidendi

The offender's supply of 101 tablets, substantially containing ecstasy and packaged with pepper to disguise the drugs, was objectively serious, premeditated, and involved trafficking in drugs to a substantial degree while she was subject to current bonds. Although no remorse discount was allowed, she received about a 20 per cent discount for the utility of her guilty plea, and her youth, dysfunctional upbringing, work history, family support, prison conduct, and reasonable to good rehabilitation prospects justified giving greater weight to rehabilitation and finding special circumstances for an extended supervised parole period.

Court Disposition

Convicted and sentenced to imprisonment with a non-parole period of 6 months and a total term of 16 months commencing on 30 September 2012, with release to parole on 29 March 2013.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to imprisonment with a non-parole period of 6 months and a total term of 16 months commencing on 30 September 2012.' 'The offender is to be released to parole on 29 March 2013, subject to supervision and further supervision as provided for in the standard...