R v Veronese [2007] NSWDC 241

R v Veronese [2007] NSWDC 241

Given the offender's role in permitting premises to be used for the commercial manufacture of methylamphetamine, balanced against significant mitigating factors (including good character, low risk of reoffending, health issues, and the late but genuine guilty plea), the objective seriousness of the offending is below the midrange, justifying a sentence of five years (two and a half years non-parole, two and a half years additional), with special circumstances found due to first time in custody and excellent prospects for rehabilitation.

Parties
Prosecution: Crown; Accused: Allan Veronese
Jurisdiction
Australia
Judgment Date
15 February 2007
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Convicted. Sentenced to non-parole period of 2 years 6 months with additional term of 2 years 6 months. Special circumstances found. Recommendation for expedited classification and access to medication. Charge on the 166 certificate withdrawn and dismissed.
Legal Topics
Drug Offences, Sentencing, Mitigating and Aggravating Factors, Parole, Manufacture of Prohibited Drug, Special Circumstances
Criminal Law Drug Offences Sentencing Mitigating and Aggravating Factors Parole Manufacture of Prohibited Drug Special Circumstances

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Parties

Crown

Prosecution

Allan Veronese

Accused

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for knowingly taking part in the manufacture of a commercial quantity of a prohibited drug (methylamphetamine)
  2. 2 Application of standard non-parole period
  3. 3 Consideration of mitigating and aggravating factors under Crimes (Sentencing Procedure) Act 1999 (NSW)

Ratio Decidendi

Given the offender's role in permitting premises to be used for the commercial manufacture of methylamphetamine, balanced against significant mitigating factors (including good character, low risk of reoffending, health issues, and the late but genuine guilty plea), the objective seriousness of the offending is below the midrange, justifying a sentence of five years (two and a half years non-parole, two and a half years additional), with special circumstances found due to first time in custody and excellent prospects for rehabilitation.

Court Disposition

Convicted. Sentenced to non-parole period of 2 years 6 months with additional term of 2 years 6 months. Special circumstances found. Recommendation for expedited classification and access to medication. Charge on the 166 certificate withdrawn and dismissed.

Orders

  • Convicted of knowingly taking part in manufacture of a prohibited drug (methylamphetamine) in not less than commercial quantity.
  • Sentenced to a non-parole period of 2 years 6 months, commencing 11 February 2007 and expiring 10 August 2009.