R v Woods [2019] NSWDC 401

R v Woods [2019] NSWDC 401

The offender's importation and drug supply offences were serious and committed for financial gain, with objective seriousness varying from well below a notional midrange offence to a little below midrange. General and specific deterrence, denunciation and community protection required full-time custody. However, early guilty pleas, youth, no criminal history, prior good character, some remorse, family support and good rehabilitation prospects justified sentence discounts, a finding of special circumstances for the State non-parole period, and structured partial accumulation producing a global sentence of seven years with a global non-parole period of five years.

Jurisdiction
Australia
Judgment Date
17 June 2019
Procedural Posture
Criminal Sentencing for Commonwealth Importation and State Drug Supply Offences / Sentence After Guilty Pleas
Outcome
Convictions recorded. The offender was sentenced to full-time imprisonment with a global sentence of seven years and a global non-parole period of five years; earliest release to parole is 26 July 2022.
Legal Topics
['importation of Marketable Quantity of Border Controlled Drug' 'supply of Prohibited Drug' 'ongoing Supply of Prohibited Drug' 'plea of Guilty' 'good Character' 'no Prior Convictions' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['importation of Marketable Quantity of Border Controlled Drug' 'supply of Prohibited Drug' 'ongoing Supply of Prohibited Drug' 'plea of Guilty' 'good Character' 'no Prior Convictions' 'special Circumstances' 'non Parole Period']

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 Sentencing for Commonwealth Importation and State Drug Supply Offences / Sentence After Guilty Pleas

Legal Issues

  1. 1 ["What sentences should be imposed for the offender's Commonwealth offences of importing marketable quantities of border-controlled drugs." "What aggregate sentence should be imposed for the offender's State drug supply offences, including an offence taken into account on a form 1." "How the offender's early guilty pleas, youth, lack of criminal history, prior good character, remorse, prospects of rehabilitation and special circumstances should affect sentence." 'Whether sentences should be accumulated between the Commonwealth offences and between the Commonwealth and State offences.']

Ratio Decidendi

The offender's importation and drug supply offences were serious and committed for financial gain, with objective seriousness varying from well below a notional midrange offence to a little below midrange. General and specific deterrence, denunciation and community protection required full-time custody. However, early guilty pleas, youth, no criminal history, prior good character, some remorse, family support and good rehabilitation prospects justified sentence discounts, a finding of special circumstances for the State non-parole period, and structured partial accumulation producing a global sentence of seven years with a global non-parole period of five years.

Court Disposition

Convictions recorded. The offender was sentenced to full-time imprisonment with a global sentence of seven years and a global non-parole period of five years; earliest release to parole is 26 July 2022.

Orders

  • ['In relation to 1st Commonwealth Offence, sentenced to a term of imprisonment of 3 years imprisonment commencing 27 July 2017 and expiring 26 July 2020.' 'In relation to 2nd Commonwealth Offence, sentenced to a term of imprisonment of 5 years and 3 months commencing 27 April 2018 and expiring 26 July 2023.' 'In...