R v Simonovski [2020] NSWDC 848

R v Simonovski [2020] NSWDC 848

The offender’s sentence reflects midrange objective seriousness, secondary role, limited planning, and significant drug habit, with aggravating factors including offending while on conditional liberty and poor prospects of rehabilitation. Sentences are imposed for supply, possession, and proceeds offences, taking into account totality and discretionary commencement date, with a 25% discount for s 166 offences.

Jurisdiction
Australia
Judgment Date
16 October 2020
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to terms of imprisonment.
Legal Topics
['drug Offences' 'ongoing Supply' 'sentencing' 'dealing With Proceeds of Crime' 'procedures for Back Up Offences']
['criminal Law'] ['drug Offences' 'ongoing Supply' 'sentencing' 'dealing With Proceeds of Crime' 'procedures for Back Up Offences']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Sentencing for ongoing supply of a prohibited drug (methylamphetamine), less than commercial quantity' 'Sentencing for possession of methylamphetamine (0.15g)' 'Sentencing for dealing with proceeds of crime ($1,069.25)' 'Appropriate sentence commencement date given a complex custody history' 'Application of s 166 Criminal Procedure Act 1984 for related offences' 'Assessment of objective seriousness and offender’s role' 'Consideration of aggravating and mitigating factors']

Ratio Decidendi

The offender’s sentence reflects midrange objective seriousness, secondary role, limited planning, and significant drug habit, with aggravating factors including offending while on conditional liberty and poor prospects of rehabilitation. Sentences are imposed for supply, possession, and proceeds offences, taking into account totality and discretionary commencement date, with a 25% discount for s 166 offences.

Court Disposition

Convicted and sentenced to terms of imprisonment.

Orders

  • ['In respect of Count 1 on the Indictment, offender sentenced to 3 years imprisonment, with a non-parole period of 2 years commencing 24 June 2020; non-parole period expires 23 June 2022, balance expires 23 June 2023.' 'Convicted of the offences on the s 166 certificate.' 'For Sequence 2 (possession of 0.15g...