R v Timothy [2019] NSWDC 177

R v Timothy [2019] NSWDC 177

Mr Timothy was found to be the dominant person in the drug supply enterprise, with Ms Fox assisting by driving or delivering drugs at his direction. The methylamphetamine offence was moderately serious, the large commercial quantity GBL offence was below the mid-range of seriousness, and the deemed supply of GBL was of low to moderate seriousness. After allowing a 10% discount for guilty pleas, special circumstances, partial accumulation for multiple drug offences, parity with Ms Fox, and totality with an earlier sentence, an aggregate sentence of 7 years imprisonment with a non-parole period of 3 years 6 months was imposed.

Jurisdiction
Australia
Judgment Date
18 April 2019
Procedural Posture
Criminal Sentence for Drug Supply Offences / Sentence After Guilty Pleas
Outcome
Sentenced to an aggregate sentence of 7 years imprisonment with a non-parole period of 3 years 6 months imprisonment.
Legal Topics
['guilty Pleas' 'drug Supply Offences' 'methylamphetamine' 'gamma Butyrolactone' 'totality With Previous Sentence' 'form 1 Offence']
['criminal Law' 'sentencing'] ['guilty Pleas' 'drug Supply Offences' 'methylamphetamine' 'gamma Butyrolactone' 'totality With Previous Sentence' 'form 1 Offence']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence for Drug Supply Offences / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for ongoing supply of methylamphetamine, supply of a large commercial quantity of gamma butyrolactone, and deemed supply of gamma butyrolactone.' 'How the Form 1 offence of possessing six Viagra tablets should affect sentence for count 2.' "Whether Roxanne Fox was merely the offender's driver or had a greater role in the drug supply enterprise." 'How objective seriousness, guilty pleas, offending while on bail, mental illness, drug use, special circumstances, parity and totality with a previous sentence should affect sentence.']

Ratio Decidendi

Mr Timothy was found to be the dominant person in the drug supply enterprise, with Ms Fox assisting by driving or delivering drugs at his direction. The methylamphetamine offence was moderately serious, the large commercial quantity GBL offence was below the mid-range of seriousness, and the deemed supply of GBL was of low to moderate seriousness. After allowing a 10% discount for guilty pleas, special circumstances, partial accumulation for multiple drug offences, parity with Ms Fox, and totality with an earlier sentence, an aggregate sentence of 7 years imprisonment with a non-parole period of 3 years 6 months was imposed.

Court Disposition

Sentenced to an aggregate sentence of 7 years imprisonment with a non-parole period of 3 years 6 months imprisonment.

Orders

  • ['The non-parole period of 3 years 6 months imprisonment is to date from 18 November 2016, with an additional term of 3 years 6 months imprisonment.' 'The non-parole period will expire on 17 May 2020.' 'The drugs are to be destroyed.']