R v Winters [2021] NSWDC 792

R v Winters [2021] NSWDC 792

An aggregate custodial sentence was required because the offender engaged in organised and repeated methylamphetamine supply for financial gain, directed aspects of the operation, had a significant prior criminal record including drug offences, and required strong general and specific deterrence. The sentence was moderated by the 25% discount for guilty pleas, accepted remorse, Bugmy factors reducing moral culpability, and special circumstances supporting an extended parole period. Some accumulation was required because the principal supply offences were separate episodes of criminality.

Jurisdiction
Australia
Judgment Date
10 November 2021
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of three years and one month with a non-parole period of two years, commencing 21 May 2020 and expiring 20 May 2022. Special circumstances were found, and a forfeiture order was made for $1065 by consent.
Legal Topics
['drug Supply' 'ongoing Supply of Prohibited Drugs' 'drug Premises' 'form 1 Offences' 'plea of Guilty' 'remorse' 'previous Convictions' 'aboriginal Offenders' 'drug Addiction' 'mental Illness' 'special Circumstances' 'deterrence' 'co Offenders']
['criminal Law' 'sentencing'] ['drug Supply' 'ongoing Supply of Prohibited Drugs' 'drug Premises' 'form 1 Offences' 'plea of Guilty' 'remorse' 'previous Convictions' 'aboriginal Offenders' 'drug Addiction' 'mental Illness' 'special Circumstances' 'deterrence' 'co Offenders']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for supplying methylamphetamine, supplying prohibited drugs on an ongoing basis, and knowingly allowing premises to be used as drug premises.' 'What weight should be given to the Form 1 matters attached to the ongoing supply offence.' 'Whether the sentences for the principal drug supply offences should be concurrent or accumulated.' "How the offender's prior convictions, guilty pleas, remorse, Aboriginal background, childhood sexual abuse, substance use disorders, health and family circumstances, and prospects of rehabilitation should affect sentence." 'Whether special circumstances justified a longer parole period.']

Ratio Decidendi

An aggregate custodial sentence was required because the offender engaged in organised and repeated methylamphetamine supply for financial gain, directed aspects of the operation, had a significant prior criminal record including drug offences, and required strong general and specific deterrence. The sentence was moderated by the 25% discount for guilty pleas, accepted remorse, Bugmy factors reducing moral culpability, and special circumstances supporting an extended parole period. Some accumulation was required because the principal supply offences were separate episodes of criminality.

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of three years and one month with a non-parole period of two years, commencing 21 May 2020 and expiring 20 May 2022. Special circumstances were found, and a forfeiture order was made for $1065 by consent.

Orders

  • ['Mr Winters is convicted of each offence.' 'Taking into account a 25% discount for the pleas of guilty, the indicative sentence for sequence 2 is two years and six months with a non-parole period of 20 months.' 'Taking into account a 25% discount for the pleas of guilty, the indicative sentence for sequence 22,...