R v Col [2021] NSWDC 89

R v Col [2021] NSWDC 89

The court imposed a full-time aggregate custodial sentence because each offence was objectively serious, the drug offending was at least mid-level rather than street-level, the offences were planned or organised and committed for financial gain, and the offender had a serious criminal history with low rehabilitation prospects. The offender's late guilty plea warranted a 10% discount, but his addiction, asserted drug debt and claimed remorse did not materially mitigate sentence or justify special circumstances. Some accumulation was required to reflect the totality of the ongoing criminal conduct.

Jurisdiction
Australia
Judgment Date
25 March 2021
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas
Outcome
Full-time custodial sentence imposed: aggregate sentence of 8 years and 4 months imprisonment with a non-parole period of 6 years and 3 months.
Legal Topics
['fraud' 'supply Prohibited Drugs' 'ongoing Supply of Prohibited Drugs' 'dealing With Proceeds of Crime' 'aggregate Sentence' 'form 1 Offences' 'totality' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['fraud' 'supply Prohibited Drugs' 'ongoing Supply of Prohibited Drugs' 'dealing With Proceeds of Crime' 'aggregate Sentence' 'form 1 Offences' 'totality' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for dishonestly obtaining property by deception, multiple prohibited drug supply offences, and knowingly dealing with proceeds of crime.' "The objective seriousness of each offence, including the offender's role in the drug supply hierarchy." "Whether the offender's drug addiction, asserted drug debt, remorse, insight and rehabilitation prospects mitigated sentence or justified special circumstances." 'The extent of accumulation required to reflect total criminality.']

Ratio Decidendi

The court imposed a full-time aggregate custodial sentence because each offence was objectively serious, the drug offending was at least mid-level rather than street-level, the offences were planned or organised and committed for financial gain, and the offender had a serious criminal history with low rehabilitation prospects. The offender's late guilty plea warranted a 10% discount, but his addiction, asserted drug debt and claimed remorse did not materially mitigate sentence or justify special circumstances. Some accumulation was required to reflect the totality of the ongoing criminal conduct.

Court Disposition

Full-time custodial sentence imposed: aggregate sentence of 8 years and 4 months imprisonment with a non-parole period of 6 years and 3 months.

Orders

  • ['The offender was convicted of Count 1/Sequence 14: Dishonestly obtain property by deception pursuant to s 192E(1)(a) of the Crimes Act 1900.' 'The offender was convicted of Count 2/Sequence 3: Supply drugs on an ongoing basis pursuant to s 25A(1) of the Drug Misuse & Trafficking Act 1985.' 'The offender was...