R v Chu [2021] NSWDC 328

R v Chu [2021] NSWDC 328

An aggregate sentence of 9 years imprisonment with a non-parole period of 6 years was appropriate because the offender knowingly stored very significant quantities of different prohibited drugs for others for about a month in exchange for drugs and/or money, but his role was not shown to include actual selling, the principal offences were assessed below the midrange or towards the lower end of objective seriousness, he pleaded guilty early, had no prior criminal history, had commenced rehabilitation, and special circumstances justified a reduced aggregate non-parole period.

Jurisdiction
Australia
Judgment Date
21 May 2021
Procedural Posture
Criminal Sentence / Sentencing After Pleas of Guilty
Outcome
The offender was convicted and sentenced to an aggregate term of 9 years imprisonment with an aggregate non-parole period of 6 years.
Legal Topics
['drug Offences' 'supply Prohibited Drug' 'possess Prohibited Drug' 'aggregate Sentence' 'form 1 Offences' 'standard Non Parole Period']
['criminal Law' 'sentencing'] ['drug Offences' 'supply Prohibited Drug' 'possess Prohibited Drug' 'aggregate Sentence' 'form 1 Offences' 'standard Non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for supplying large commercial quantities of cocaine and methylamphetamine, a commercial quantity of gamma butyrolactone, and 3,4-methylenedioxy-methylmphetamine.' "What weight should be given to the offender's role, drug addiction, lack of criminal history, guilty pleas, rehabilitation prospects, and special circumstances." 'How the Form 1 offences and offences on the s 166 certificate should affect sentence.']

Ratio Decidendi

An aggregate sentence of 9 years imprisonment with a non-parole period of 6 years was appropriate because the offender knowingly stored very significant quantities of different prohibited drugs for others for about a month in exchange for drugs and/or money, but his role was not shown to include actual selling, the principal offences were assessed below the midrange or towards the lower end of objective seriousness, he pleaded guilty early, had no prior criminal history, had commenced rehabilitation, and special circumstances justified a reduced aggregate non-parole period.

Court Disposition

The offender was convicted and sentenced to an aggregate term of 9 years imprisonment with an aggregate non-parole period of 6 years.

Orders

  • ['The offender is convicted of the offences to which he pleaded guilty.' 'Impose an aggregate sentence of 9 years imprisonment and an aggregate non-parole period of 6 years. The sentence commences on 16 April 2020 and expires on 15 April 2029. The non-parole period expires on 15 April 2026.']