R v Wong [2023] NSWDC 173

R v Wong [2023] NSWDC 173

A term of imprisonment of 3 years is appropriate given the high quantity and purity of ketamine, offender's persistence, lack of genuine remorse, prior drug supply conviction, and the need for general deterrence for serious drug offences. Pre-sentence custody and strict bail conditions were taken into account; sentence backdated. Release ordered upon entering into a recognisance with conditions for community supervision.

Jurisdiction
Australia
Judgment Date
30 May 2023
Procedural Posture
Criminal / Sentencing
Outcome
Convicted; sentenced to 3 years imprisonment; released after 19 months 11 days upon entering recognisance with conditions.
Legal Topics
['drug Offences' 'attempt to Possess Unlawfully Imported Border Controlled Drug' 'sentencing for Commonwealth Offences']
['criminal Law'] ['drug Offences' 'attempt to Possess Unlawfully Imported Border Controlled Drug' 'sentencing for Commonwealth Offences']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for attempt to possess a marketable quantity of ketamine contrary to Commonwealth law' 'Consideration of contrition, deterrence, rehabilitation, antecedents, and pre-sentence custody']

Ratio Decidendi

A term of imprisonment of 3 years is appropriate given the high quantity and purity of ketamine, offender's persistence, lack of genuine remorse, prior drug supply conviction, and the need for general deterrence for serious drug offences. Pre-sentence custody and strict bail conditions were taken into account; sentence backdated. Release ordered upon entering into a recognisance with conditions for community supervision.

Court Disposition

Convicted; sentenced to 3 years imprisonment; released after 19 months 11 days upon entering recognisance with conditions.

Orders

  • ['Conviction recorded.' 'Imprisonment for 3 years (from 19 October 2021 to 18 October 2024).' 'Release on 30 May 2023 after 19 months 11 days custody upon entering recognisance in sum of $1,000 to be of good behaviour for 3 years.' 'Conditions: offender to accept supervision of Community Corrections Officer and obey...