R v Clemas [2023] NSWDC 607

R v Clemas [2023] NSWDC 607

Clemas was sentenced on the basis that he knowingly acted as courier of a commercial quantity of methylamphetamine, with no evidence of significant planning or prior offending of this nature; the objective seriousness of the offence required a custodial sentence, but the existence of special circumstances justified a non-parole period less than the standard and an increased parole ratio due to prospects for rehabilitation.

Parties
Offender: Barry Clemas; Crown: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
24 November 2023
Procedural Posture
Criminal / Sentencing After Jury Verdict
Outcome
Convicted and sentenced to 3 years' imprisonment with a non-parole period of 2 years
Legal Topics
Drug Offences, Supplying Prohibited Drug, Sentencing, Imprisonment, Objective Seriousness, Mitigating and Aggravating Factors, Rehabilitation, Special Circumstances
Criminal Law Drug Offences Supplying Prohibited Drug Sentencing Imprisonment Objective Seriousness Mitigating and Aggravating Factors Rehabilitation +1 more

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Parties

Barry Clemas

Offender

Director of Public Prosecutions

Crown

Procedural Posture

Criminal / Sentencing After Jury Verdict

Legal Issues

  1. 1 Appropriate sentence for supply of a commercial quantity of prohibited drug after jury verdict
  2. 2 Consideration of objective and subjective factors affecting sentence
  3. 3 Application of statutory penalty and non-parole periods

Ratio Decidendi

Clemas was sentenced on the basis that he knowingly acted as courier of a commercial quantity of methylamphetamine, with no evidence of significant planning or prior offending of this nature; the objective seriousness of the offence required a custodial sentence, but the existence of special circumstances justified a non-parole period less than the standard and an increased parole ratio due to prospects for rehabilitation.

Court Disposition

Convicted and sentenced to 3 years' imprisonment with a non-parole period of 2 years

Orders

  • Conviction entered in accordance with jury verdict
  • Sentence of 3 years' imprisonment commencing 6 July 2023