Regina v David Allan Rollason [2007] NSWDC 222

Regina v David Allan Rollason [2007] NSWDC 222

The offence of knowingly taking part in the supply of a commercial quantity of methylamphetamine was serious and required imprisonment, but the offender's conduct was accessorial to Crosdale's supply, involved a total quantity towards the lower threshold of the commercial quantity range, and did not attract a standard non-parole period because Item 18 of s 54A referred to supplying and not knowingly taking part in supply. The Form 1 cannabis matters required an increased sentence, but the late guilty plea warranted a 15 percent discount and special circumstances justified an adjusted non-parole period.

Jurisdiction
Australia
Judgment Date
30 October 2007
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Plea
Outcome
Convicted and sentenced to imprisonment.
Legal Topics
['knowingly Take Part in Supply of Prohibited Drug' 'commercial Quantity of Methylamphetamine' 'form 1 Matters' 'standard Non Parole Period' 'guilty Plea Discount' 'destruction of Seized Drugs']
['criminal Law' 'sentencing' 'statutory Interpretation'] ['knowingly Take Part in Supply of Prohibited Drug' 'commercial Quantity of Methylamphetamine' 'form 1 Matters' 'standard Non Parole Period' 'guilty Plea Discount' 'destruction of Seized Drugs']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for knowingly taking part in the supply of methylamphetamine in not less than the commercial quantity.' 'What effect should be given to two Form 1 matters involving supplies of cannabis leaf.' 'Whether the offence of knowingly taking part in supply attracts the standard non-parole period in Item 18 of s 54A of the Crimes (Sentencing Procedure) Act 1999.' "What discount should be allowed for the offender's late guilty plea." 'Whether special circumstances should be found.']

Ratio Decidendi

The offence of knowingly taking part in the supply of a commercial quantity of methylamphetamine was serious and required imprisonment, but the offender's conduct was accessorial to Crosdale's supply, involved a total quantity towards the lower threshold of the commercial quantity range, and did not attract a standard non-parole period because Item 18 of s 54A referred to supplying and not knowingly taking part in supply. The Form 1 cannabis matters required an increased sentence, but the late guilty plea warranted a 15 percent discount and special circumstances justified an adjusted non-parole period.

Court Disposition

Convicted and sentenced to imprisonment.

Orders

  • ['The offender was convicted of knowingly taking part in the supply of an amount of prohibited drug, methylamphetamine, that was not less than the commercial quantity, between 3 July and 11 August 2006 at Williamtown and Medowie.' 'The Court took into account two Form 1 matters: knowingly taking part in supply by...