R v Punyer [2024] NSWDC 236

R v Punyer [2024] NSWDC 236

Given the quantity and purity of methylamphetamine, guilty plea, remorse, personal mitigating circumstances, and need for deterrence, imprisonment of 2 years and 6 months with a non-parole period of 15 months is appropriate, backdated to account for pre-sentence custody. Offender to be released on parole and recommended for transfer to Western Australia to facilitate rehabilitation.

Parties
Crown: Rex; Offender: Owen Punyer
Jurisdiction
Australia
Judgment Date
21 June 2024
Procedural Posture
Criminal / Sentence
Outcome
Conviction and sentence of imprisonment.
Legal Topics
Drug Offences, Supply of Prohibited Drugs, Sentencing

Case Brief

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Parties

Rex

Crown

Owen Punyer

Offender

Procedural Posture

Criminal / Sentence

  1. 1 What is the appropriate sentence for the offence of supply prohibited drug not less than the commercial quantity contrary to s 25(2) Drug Misuse & Trafficking Act 1985?

Ratio Decidendi

Given the quantity and purity of methylamphetamine, guilty plea, remorse, personal mitigating circumstances, and need for deterrence, imprisonment of 2 years and 6 months with a non-parole period of 15 months is appropriate, backdated to account for pre-sentence custody. Offender to be released on parole and recommended for transfer to Western Australia to facilitate rehabilitation.

Court Disposition

Conviction and sentence of imprisonment.

Orders

  • Owen Punyer is convicted and the appropriate discount is 25%.
  • Impose a term of imprisonment of 2 years and 6 months with a non-parole period of 15 months to date from 24 June 2023. The non-parole period will expire on 23 September 2024 and the head sentence will expire on 23 December 2025.