R v Standen [2011] NSWSC 1422

R v Standen [2011] NSWSC 1422

The Court found that the three offences were very serious, substantially overlapping offences committed from early 2006 in pursuit of importing and obtaining possession of at least 300 kilograms of pseudoephedrine; that Standen was a principal in the group, on the same level as Kinch and superior to Jalalaty, and misused his law enforcement knowledge, contacts and position with the New South Wales Crime Commission for financial gain. Although no pseudoephedrine was ultimately imported or possessed, and although subjective matters including onerous custody, no prior convictions, good rehabilitation prospects and family circumstances mitigated sentence, general deterrence and denunciation...

Jurisdiction
Australia
Judgment Date
08 December 2011
Procedural Posture
Criminal Sentence / Remarks on Sentence After Jury Verdicts of Guilty
Outcome
Standen was sentenced to imprisonment for all three offences, with all sentences dated from 2 June 2008; the longest head sentence was 22 years with a non-parole period of 16 years for the supply offence.
Legal Topics
['importation of Drugs' 'supply of Prohibited Drugs' 'conspiracy to Pervert the Course of Justice' 'pseudoephedrine' 'abuse of Law Enforcement Position' 'concurrency and Totality']
['criminal Law' 'sentencing'] ['importation of Drugs' 'supply of Prohibited Drugs' 'conspiracy to Pervert the Course of Justice' 'pseudoephedrine' 'abuse of Law Enforcement Position' 'concurrency and Totality']

Case Brief

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Jury Verdicts of Guilty

Legal Issues

  1. 1 ['When the offending in the three offences began' 'What role Mark William Standen had in the commission of the offences' 'What quantity of pseudoephedrine was to be imported or possessed by Jalalaty' 'How to sentence for three overlapping offences without double punishment' 'What weight to give to subjective matters including onerous custody conditions, family circumstances, lack of prior convictions and prospects of rehabilitation']

Ratio Decidendi

The Court found that the three offences were very serious, substantially overlapping offences committed from early 2006 in pursuit of importing and obtaining possession of at least 300 kilograms of pseudoephedrine; that Standen was a principal in the group, on the same level as Kinch and superior to Jalalaty, and misused his law enforcement knowledge, contacts and position with the New South Wales Crime Commission for financial gain. Although no pseudoephedrine was ultimately imported or possessed, and although subjective matters including onerous custody, no prior convictions, good rehabilitation prospects and family circumstances mitigated sentence, general deterrence and denunciation...

Court Disposition

Standen was sentenced to imprisonment for all three offences, with all sentences dated from 2 June 2008; the longest head sentence was 22 years with a non-parole period of 16 years for the supply offence.

Orders

  • ['For the offence of conspiring to import, sentenced to imprisonment for 18 years to date from 2 June 2008, with a non-parole period of 12 years to date from 2 June 2008; earliest eligibility for release on parole in respect of this offence is 1 June 2020.' 'For the offence of knowingly taking part in the supply of...