R v McKenzie [2024] NSWDC 624

R v McKenzie [2024] NSWDC 624

The offender is convicted for manufacturing prohibited drugs in large commercial quantity under coercion and non-exculpatory duress, with no significant financial gain and low objective seriousness. Aggregate sentence is imposed with 25% discount for pleas, accounting for duress, remorse, rehabilitation and special circumstances. Sentences are wholly concurrent with a non-parole period of 3 years and total term of 6 years. The value of drugs was negligible as they were not in a usable state.

Parties
Crown: Director of Public Prosecutions (NSW); Offender: Jason Christopher McKenzie
Jurisdiction
Australia
Judgment Date
09 December 2024
Procedural Posture
Criminal / Sentence
Outcome
Conviction and custodial sentence imposed; summary offence dealt with by way of conviction recorded, no other penalty.
Legal Topics
Drug Offences, Sentencing, Manufacture Prohibited Drug, Large Commercial Quantity
Criminal Law Drug Offences Sentencing Manufacture Prohibited Drug Large Commercial Quantity

Case Brief

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Parties

Director of Public Prosecutions (NSW)

Crown

Jason Christopher McKenzie

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for manufacture of prohibited drug in large commercial quantity
  2. 2 Objective and subjective seriousness of the offending
  3. 3 Applicability of duress as a mitigating factor

Ratio Decidendi

The offender is convicted for manufacturing prohibited drugs in large commercial quantity under coercion and non-exculpatory duress, with no significant financial gain and low objective seriousness. Aggregate sentence is imposed with 25% discount for pleas, accounting for duress, remorse, rehabilitation and special circumstances. Sentences are wholly concurrent with a non-parole period of 3 years and total term of 6 years. The value of drugs was negligible as they were not in a usable state.

Court Disposition

Conviction and custodial sentence imposed; summary offence dealt with by way of conviction recorded, no other penalty.

Orders

  • Convicted for two counts on the indictment and summary offences.
  • Indicative sentences after 25% discount: 6 years for count 1, 31 months for count 2 (wholly concurrent).