R v Wandji Watchou [2019] NSWDC 907

R v Wandji Watchou [2019] NSWDC 907

The offender's principal offence was serious because he knowingly took part in multiple supplies totalling 586.75 grams of high-purity MDMA, above the large commercial quantity threshold, and he was not merely a conduit but a trusted intermediary who made arrangements for supplies within a criminal group. The offence was nevertheless beneath the middle range of objective seriousness and his role was less culpable than Mr Hannachi's. Taking into account the closely related Form 1 offences, totality, parity with related offenders, the early guilty plea warranting a 25% discount, special circumstances, remorse, family support, limited prior record, hardship in custody and good prospects of...

Jurisdiction
Australia
Judgment Date
19 September 2019
Procedural Posture
Criminal Sentence / Committed for Sentence After Plea of Guilty
Outcome
Offender convicted and sentenced to imprisonment for 3 years 9 months with a non-parole period of 2 years 2 months; confiscation order made for $9,800 cash.
Legal Topics
['knowingly Taking Part in Supply of Prohibited Drug' 'large Commercial Quantity of 3, 4 Methylenedioxymethamphetamine' 'form 1 Offences' 'participation in Criminal Group' 'dealing With Proceeds of Crime' 'parity' 'totality' 'special Circumstances' 'plea of Guilty']
['criminal Law' 'sentencing' 'drug Offences' 'confiscation of Proceeds of Crime'] ['knowingly Taking Part in Supply of Prohibited Drug' 'large Commercial Quantity of 3,4 Methylenedioxymethamphetamine' 'form 1 Offences' 'participation in Criminal Group' 'dealing With Proceeds of Crime' 'parity' 'totality' 'special Circumstances' 'plea of Guilty']

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Procedural Posture

Criminal Sentence / Committed for Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for knowingly taking part in the supply of 586.75 grams of 3,4-methylenedioxymethamphetamine, being not less than the large commercial quantity applicable to that prohibited drug.' 'How the Form 1 offences of dealing with proceeds of crime, supplying 0.92 grams of cocaine, and participating in a criminal group should affect the sentence for the principal offence.' "How to assess the objective seriousness of the offending, including the offender's role in the criminal group and the quantity and purity of the drugs." 'How parity and equal justice principles should apply in light of sentences imposed on related offenders, particularly Mr Hannachi.' 'Whether mitigating factors including the plea of guilty, remorse, limited criminal history, family support, hardship in custody, prospects of rehabilitation and special circumstances should affect the sentence.']

Ratio Decidendi

The offender's principal offence was serious because he knowingly took part in multiple supplies totalling 586.75 grams of high-purity MDMA, above the large commercial quantity threshold, and he was not merely a conduit but a trusted intermediary who made arrangements for supplies within a criminal group. The offence was nevertheless beneath the middle range of objective seriousness and his role was less culpable than Mr Hannachi's. Taking into account the closely related Form 1 offences, totality, parity with related offenders, the early guilty plea warranting a 25% discount, special circumstances, remorse, family support, limited prior record, hardship in custody and good prospects of...

Court Disposition

Offender convicted and sentenced to imprisonment for 3 years 9 months with a non-parole period of 2 years 2 months; confiscation order made for $9,800 cash.

Orders

  • ['In relation to the sequence 6 offence, supply the large commercial quantity of prohibited drug, taking into account the matters on the Form 1, the offender is convicted.' 'The offender is sentenced to a term of imprisonment by way of a non-parole period of 2 years 2 months, commencing on 2 February 2018 and...