R v Russell [2022] NSWDC 416

R v Russell [2022] NSWDC 416

Given the large scale, sophistication, and persistence of Russell's offences, but having regard to his demonstrated neuropsychological impairment which causally reduced his capacity for decision-making and self-regulation, and to his pleas of guilty, aggregate sentences of imprisonment reflecting both deterrence and reduced moral culpability were appropriate. State and Federal sentences were imposed in accumulation, with specified non-parole periods, balancing totality and special circumstances affecting custody.

Parties
Prosecutor: Regina; Offender: Levi Russell
Jurisdiction
Australia
Judgment Date
16 September 2022
Procedural Posture
Criminal / Sentence
Outcome
The offender is convicted on all counts and aggregate sentences of imprisonment are imposed for State and Federal offences.
Legal Topics
Drug Offences, Commonwealth Offences, Import/export Border Controlled Drug, Possess Prohibited Drug, Supply Prohibited Drug, Money Laundering, Dealing With Money Suspected of Being Proceeds of Crime, Public Justice Offences, Pervert the Course of Justice
Criminal Law Drug Offences Commonwealth Offences Import/export Border Controlled Drug Possess Prohibited Drug Supply Prohibited Drug Money Laundering Dealing With Money Suspected of Being Proceeds of Crime +2 more

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Parties

Regina

Prosecutor

Levi Russell

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for multiple Federal and State drug-related offences
  2. 2 Impact of guilty pleas and neuropsychological impairments on sentencing
  3. 3 Aggregate sentencing for multiple offences

Ratio Decidendi

Given the large scale, sophistication, and persistence of Russell's offences, but having regard to his demonstrated neuropsychological impairment which causally reduced his capacity for decision-making and self-regulation, and to his pleas of guilty, aggregate sentences of imprisonment reflecting both deterrence and reduced moral culpability were appropriate. State and Federal sentences were imposed in accumulation, with specified non-parole periods, balancing totality and special circumstances affecting custody.

Court Disposition

The offender is convicted on all counts and aggregate sentences of imprisonment are imposed for State and Federal offences.

Orders

  • Aggregate term of imprisonment for State offences: 7 years with non-parole period of 3 years and 6 months, dating from 8 May 2019; head sentence expires 7 May 2026; non-parole period expires 7 November 2022.
  • Aggregate term of imprisonment for Federal offences: 14 years, dating from 8 May 2021; single non-parole period of 7 years, expires 7 May 2028; head sentence expires 7 May 2035.