R v Peter KOKLA [2013] NSWDC 209

R v Peter KOKLA [2013] NSWDC 209

The offender, having pleaded guilty to supplying a commercial quantity of a prohibited drug and other drug-related offences, and given the offences were of relatively low value and purity and motivated by addiction rather than profit, is to be sentenced to 4 years' imprisonment (discounted for plea), with a non-parole period reduced for special circumstances reflecting rehabilitation needs. Possession offence is to be dismissed under s 10A due to its lower seriousness.

Jurisdiction
Australia
Judgment Date
03 June 2013
Procedural Posture
Criminal / Sentence
Outcome
Offender sentenced to imprisonment and other orders made.
Legal Topics
['drug Offences' 'sentencing' 'possession of Prohibited Drug' 'supply of Commercial Quantity of Prohibited Drug' 'possession of Prescribed Restricted Substance']
['criminal Law'] ['drug Offences' 'sentencing' 'possession of Prohibited Drug' 'supply of Commercial Quantity of Prohibited Drug' 'possession of Prescribed Restricted Substance']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for the offence of supplying a commercial quantity of a prohibited drug?' 'How should special circumstances and addiction affect sentence for drug supply and possession?' 'Can the offence of possession of a prohibited drug be dismissed under s 10A due to its relative seriousness?']

Ratio Decidendi

The offender, having pleaded guilty to supplying a commercial quantity of a prohibited drug and other drug-related offences, and given the offences were of relatively low value and purity and motivated by addiction rather than profit, is to be sentenced to 4 years' imprisonment (discounted for plea), with a non-parole period reduced for special circumstances reflecting rehabilitation needs. Possession offence is to be dismissed under s 10A due to its lower seriousness.

Court Disposition

Offender sentenced to imprisonment and other orders made.

Orders

  • ['For the offence of supply a commercial quantity of a prohibited drug (nexus/bromo), 4 years imprisonment with a non-parole period of 2 years, 3 months, commencing 28 May 2013, expiring 27 August 2015 (parole), full term expiring 27 May 2017;' 'For the offence of supply a prohibited drug (gamma butyrolactone), 18...