R v Cotterill [2019] NSWDC 913

R v Cotterill [2019] NSWDC 913

The offences disclosed serious objective criminality, particularly because the offender was the principal of a drug supply syndicate and supplied drugs for financial reward, but the sentence was moderated by the offender's deprived childhood, trauma and neglect, genuine remorse, very good rehabilitation prospects, guilty plea, totality, the related nature of the drug supply and criminal group offences, and special circumstances justifying a longer parole period. Imprisonment was the only appropriate penalty for the aggregate sentence, with a community corrections order for the hinder police offence and a consent drug proceeds order.

Jurisdiction
Australia
Judgment Date
30 July 2019
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Taking into account the Form 1 matters, the offender was convicted and sentenced to a total aggregate sentence of three years with a non-parole period of two years, directed to be released to parole on 10 November 2020; he was also convicted for hinder police and sentenced to a two year community corrections order,...
Legal Topics
['drug Supply' 'knowingly Direct Activities of a Criminal Group' 'deal With Property Suspected of Being Proceeds of Crime' 'hinder Police in the Execution of Duty' 'form 1 Offences' 'aggregate Sentence' 'special Circumstances' 'drug Proceeds Order']
['criminal Law' 'sentencing'] ['drug Supply' 'knowingly Direct Activities of a Criminal Group' 'deal With Property Suspected of Being Proceeds of Crime' 'hinder Police in the Execution of Duty' 'form 1 Offences' 'aggregate Sentence' 'special Circumstances' 'drug Proceeds Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 40 grams of methylamphetamine, knowingly directing activities of a criminal group, and dealing with property suspected of being proceeds of crime, taking Form 1 matters into account.' "Whether the offender's deprived childhood, trauma, neglect and mental health reduced moral culpability and warranted moderation of sentence." 'Whether special circumstances justified varying the statutory ratio between the non-parole period and parole period.' 'Whether an aggregate sentence should be imposed and how totality should be applied.' 'Whether a drug proceeds order should be made by consent.']

Ratio Decidendi

The offences disclosed serious objective criminality, particularly because the offender was the principal of a drug supply syndicate and supplied drugs for financial reward, but the sentence was moderated by the offender's deprived childhood, trauma and neglect, genuine remorse, very good rehabilitation prospects, guilty plea, totality, the related nature of the drug supply and criminal group offences, and special circumstances justifying a longer parole period. Imprisonment was the only appropriate penalty for the aggregate sentence, with a community corrections order for the hinder police offence and a consent drug proceeds order.

Court Disposition

Taking into account the Form 1 matters, the offender was convicted and sentenced to a total aggregate sentence of three years with a non-parole period of two years, directed to be released to parole on 10 November 2020; he was also convicted for hinder police and sentenced to a two year community corrections order,...

Orders

  • ['In relation to each offence forming part of the aggregate sentence, Allan Cotterill is convicted.' 'Taking into account the Form 1 matters, Allan Cotterill is sentenced to a total aggregate sentence of three years to date from 11 November 2018 and expire on 10 November 2021 with a non-parole period of two years to...