R v Joel Westman; R v Flinn Westman [2021] NSWDC 234

R v Joel Westman; R v Flinn Westman [2021] NSWDC 234

Both Joel Westman and Flinn Westman were convicted of drug supply offences involving commercial and large commercial quantities, aggravated take and drive motor vehicle with assault, and directing activities of a criminal group. Their actions involved giving directions to subordinates within the group. The offence of directing a criminal group was proved beyond reasonable doubt. Objectively serious drug supply offences required substantial custodial sentences due to harm caused to the community. Mitigating factors including their youth, immaturity, deprived background and prospects for rehabilitation warranted special circumstances findings, resulting in parole eligibility earlier in...

Jurisdiction
Australia
Judgment Date
31 May 2021
Procedural Posture
Criminal / Sentencing
Outcome
Joel Westman and Flinn Westman convicted. Aggregate custodial sentences imposed. Drug proceeds and forfeiture orders made.
Legal Topics
['drug Offences' 'supply Prohibited Drug' 'large Commercial Quantity' 'commercial Quantity' 'criminal Groups' 'direct Criminal Group' 'aggravated Take and Drive Motor Vehicle' 'assault' 'proceeds of Crime' 'sentencing' 'relevant Factors on Sentence' 'aggregate Sentences' 'subjective Considerations on Sentence' 'parity' 'proportionality']
['criminal Law'] ['drug Offences' 'supply Prohibited Drug' 'large Commercial Quantity' 'commercial Quantity' 'criminal Groups' 'direct Criminal Group' 'aggravated Take and Drive Motor Vehicle' 'assault' 'proceeds of Crime' 'sentencing' 'relevant Factors on Sentence' 'aggregate Sentences' 'subjective Considerations on Sentence' 'parity' 'proportionality']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Supply commercial quantity of prohibited drug' 'Supply large commercial quantity of prohibited drug' 'Aggravated take and drive motor vehicle with assault' 'Directing activities of criminal group' 'Proceeds of crime and forfeiture orders' 'Relevant factors on sentence' 'Parole' 'Sentencing of young and immature offenders' 'Impact of deprived background' 'Parity with co-offenders']

Ratio Decidendi

Both Joel Westman and Flinn Westman were convicted of drug supply offences involving commercial and large commercial quantities, aggravated take and drive motor vehicle with assault, and directing activities of a criminal group. Their actions involved giving directions to subordinates within the group. The offence of directing a criminal group was proved beyond reasonable doubt. Objectively serious drug supply offences required substantial custodial sentences due to harm caused to the community. Mitigating factors including their youth, immaturity, deprived background and prospects for rehabilitation warranted special circumstances findings, resulting in parole eligibility earlier in...

Court Disposition

Joel Westman and Flinn Westman convicted. Aggregate custodial sentences imposed. Drug proceeds and forfeiture orders made.

Orders

  • ['Joel Westman: aggregate sentence of 8 years 6 months imprisonment with non-parole period of 4 years 8 months commencing 16 August 2019 and expiring 15 April 2024; balance to expire 15 February 2028.' 'For Joel Westman: Drug Proceeds Order of $7,800 pursuant to s29(1) Confiscation of Proceeds of Crime Act 1989.'...