R v PAXTON [2009] NSWDC 326

R v PAXTON [2009] NSWDC 326

The offences involved exceptionally large-scale drug supply, including 8.497 kilograms of ecstasy, 2.318 kilograms of methylamphetamine and a commercial quantity of cocaine, together with receiving stolen jewellery. The ecstasy offence was in the upper range of objective seriousness, the methylamphetamine offence above mid range, and the cocaine offence mid range. Although the offender received a 20 per cent discount for his guilty pleas, his conduct was that of an enthusiastic large-scale drug dealer motivated by financial gain, with no demonstrated remorse or assistance, and general deterrence required very lengthy imprisonment.

Jurisdiction
Australia
Judgment Date
06 November 2009
Procedural Posture
District Court Criminal Sentence / Sentencing After Pleas of Guilty
Outcome
Offender sentenced to an overall non-parole period of twenty-one years with a head sentence of twenty-eight years.
Legal Topics
['drug Supply' 'commercial Quantity of Cocaine' 'large Commercial Quantity of Methylamphetamine' 'large Commercial Quantity of Ecstasy' 'receiving' 'form 1 Matters' 'standard Non Parole Periods' 'plea of Guilty']
['criminal Law' 'sentencing'] ['drug Supply' 'commercial Quantity of Cocaine' 'large Commercial Quantity of Methylamphetamine' 'large Commercial Quantity of Ecstasy' 'receiving' 'form 1 Matters' 'standard Non Parole Periods' 'plea of Guilty']

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Procedural Posture

District Court Criminal Sentence / Sentencing After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for supplying a commercial quantity of cocaine, supplying large commercial quantities of methylamphetamine and ecstasy, and receiving stolen jewellery.' "How the offender's guilty pleas, Form 1 matters, standard non-parole periods, objective seriousness, role in the offending, claimed motivation to pay drug debts, lack of assistance, and general deterrence should affect sentence."]

Ratio Decidendi

The offences involved exceptionally large-scale drug supply, including 8.497 kilograms of ecstasy, 2.318 kilograms of methylamphetamine and a commercial quantity of cocaine, together with receiving stolen jewellery. The ecstasy offence was in the upper range of objective seriousness, the methylamphetamine offence above mid range, and the cocaine offence mid range. Although the offender received a 20 per cent discount for his guilty pleas, his conduct was that of an enthusiastic large-scale drug dealer motivated by financial gain, with no demonstrated remorse or assistance, and general deterrence required very lengthy imprisonment.

Court Disposition

Offender sentenced to an overall non-parole period of twenty-one years with a head sentence of twenty-eight years.

Orders

  • ['For the offence of receiving, a fixed term of imprisonment of three years to date from 10 May 2008.' 'For the offence of supplying a commercial quantity of cocaine, a fixed term of imprisonment of eight years to date from 10 May 2009.' 'For the offence of supplying a large commercial quantity of methylamphetamine,...