R v Mackay [2020] NSWDC 230

R v Mackay [2020] NSWDC 230

Given the offender's leading role in the drug operation, offending just below mid-range seriousness, early guilty plea, background factors reducing but not eliminating moral responsibility, and comparison with co-offender Wylie, an aggregate sentence of 8 years with a 4 ½ year non-parole period is appropriate, applying necessary principles of parity, totality, special circumstances, and reduction for early plea.

Jurisdiction
Australia
Judgment Date
22 May 2020
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted on all 9 charges and sentenced to aggregate term of imprisonment with non-parole period.
Legal Topics
['drug Offences' 'sentencing' 'manufacture Prohibited Drug' 'large Commercial Quantity' 'firearms Offences' 'proceeds of Crime']
['criminal Law'] ['drug Offences' 'sentencing' 'manufacture Prohibited Drug' 'large Commercial Quantity' 'firearms Offences' 'proceeds of Crime']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for multiple offences including drug supply in large commercial quantity, firearms offences, and proceeds of crime' 'Application of standard non-parole period and discount for guilty plea' 'Assessment of parity with co-offender' 'Consideration of subjective and objective seriousness in sentencing' 'Application of totality and special circumstances principles']

Ratio Decidendi

Given the offender's leading role in the drug operation, offending just below mid-range seriousness, early guilty plea, background factors reducing but not eliminating moral responsibility, and comparison with co-offender Wylie, an aggregate sentence of 8 years with a 4 ½ year non-parole period is appropriate, applying necessary principles of parity, totality, special circumstances, and reduction for early plea.

Court Disposition

Offender convicted on all 9 charges and sentenced to aggregate term of imprisonment with non-parole period.

Orders

  • ['Offender convicted on all 9 indictment charges.' 'Aggregate sentence of 8 years imprisonment with non-parole period of 4 ½ years from 21 December 2018, expiring 20 June 2023.' 'Balance of term (parole) expires 20 December 2026.' 'Earliest release date is 20 June 2023.']