R v Dyson [2023] NSWDC 72

R v Dyson [2023] NSWDC 72

Given the objective seriousness of the offending, the mid-range role of the offender in directing an organised criminal drug syndicate, the larger than commercial quantity of cocaine supplied, and the offender’s personal circumstances, the sentence is reduced by operation of the parity principle to avoid a justifiable sense of grievance and appearance of injustice relative to the co-offender (Pincham), resulting in an aggregate sentence shorter than would otherwise be imposed.

Parties
Crown: Rex; Offender: Nathan Beau Dyson
Jurisdiction
Australia
Judgment Date
22 March 2023
Procedural Posture
Criminal / Sentencing
Outcome
Convicted. Aggregate sentence with non-parole period of 21 months and a balance term of 6 months.
Legal Topics
Drug Offences, Supply Prohibited Drug, Commercial Quantity, Directing Activities of a Criminal Group, Sentencing, Parity Principle
Criminal Law Drug Offences Supply Prohibited Drug Commercial Quantity Directing Activities of a Criminal Group Sentencing Parity Principle

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Parties

Rex

Crown

Nathan Beau Dyson

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for directing activities of a criminal group contrary to s 93T(4A) of the Crimes Act
  2. 2 Appropriate sentencing for supplying a prohibited drug (cocaine) in a commercial quantity contrary to s 25(2) of the Drug Misuse and Trafficking Act
  3. 3 Application of the parity principle given co-offender's sentence (Pincham)

Ratio Decidendi

Given the objective seriousness of the offending, the mid-range role of the offender in directing an organised criminal drug syndicate, the larger than commercial quantity of cocaine supplied, and the offender’s personal circumstances, the sentence is reduced by operation of the parity principle to avoid a justifiable sense of grievance and appearance of injustice relative to the co-offender (Pincham), resulting in an aggregate sentence shorter than would otherwise be imposed.

Court Disposition

Convicted. Aggregate sentence with non-parole period of 21 months and a balance term of 6 months.

Orders

  • The offender is convicted of the section 93T(4A) and section 25(2) offences.
  • An aggregate sentence with a non-parole period of 21 months to date from 23 June 2021, expiring 22 March 2023, with a balance of term of 6 months expiring on 22 September 2023.