R v Oncu; R v Dogan; R v Unver; R v Bassi-Anstee [2018] NSWDC 106

R v Oncu; R v Dogan; R v Unver; R v Bassi-Anstee [2018] NSWDC 106

The court imposed substantial custodial sentences because the offenders were knowingly involved in a sophisticated and ongoing operation that manufactured 30.5 kilograms of methylamphetamine in a purpose-built shed. None was found to be a boss of the overall operation, but their relative culpability differed: Mr Bassi-Anstee had the most important role among those before the court, including direction and quality control; Mr Oncu had a more important role than Mr Dogan and Mr Unver and also possessed an unauthorised pistol; and Mr Dogan and Mr Unver were lower in the hierarchy and performed more menial tasks. Objective seriousness, guilty pleas, parity, deterrence, subjective...

Jurisdiction
Australia
Judgment Date
27 April 2018
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas
Outcome
All four offenders were sentenced to imprisonment, with differing head sentences and non-parole periods.
Legal Topics
['manufacture Prohibited Drug' 'large Commercial Quantity' 'methylamphetamine' 'supply Prohibited Drug' 'possess Unauthorised Pistol' 'form 1' 'police Surveillance' 'differing Roles of Offenders' 'special Circumstances' 'deterrence' 'parity']
['criminal Law' 'sentencing'] ['manufacture Prohibited Drug' 'large Commercial Quantity' 'methylamphetamine' 'supply Prohibited Drug' 'possess Unauthorised Pistol' 'form 1' 'police Surveillance' 'differing Roles of Offenders' 'special Circumstances' 'deterrence' 'parity']

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for involvement in a substantial methylamphetamine manufacturing operation at Kenthurst.' 'How the differing roles of Mr Bassi-Anstee, Mr Oncu, Mr Dogan and Mr Unver should affect sentence.' 'How Mr Oncu should be sentenced for unauthorised possession of a pistol with an ammunition offence taken into account on a Form 1.' "Whether the offenders' subjective circumstances, guilty pleas, remorse, rehabilitation prospects and special circumstances justified non-parole periods below the standard non-parole period."]

Ratio Decidendi

The court imposed substantial custodial sentences because the offenders were knowingly involved in a sophisticated and ongoing operation that manufactured 30.5 kilograms of methylamphetamine in a purpose-built shed. None was found to be a boss of the overall operation, but their relative culpability differed: Mr Bassi-Anstee had the most important role among those before the court, including direction and quality control; Mr Oncu had a more important role than Mr Dogan and Mr Unver and also possessed an unauthorised pistol; and Mr Dogan and Mr Unver were lower in the hierarchy and performed more menial tasks. Objective seriousness, guilty pleas, parity, deterrence, subjective...

Court Disposition

All four offenders were sentenced to imprisonment, with differing head sentences and non-parole periods.

Orders

  • ['Mr Bassi-Anstee is sentenced to imprisonment with a non-parole period of 6 years and a head sentence of 9 years, to date from 1 May 2015, and is eligible for release to parole on 30 April 2021.' 'Mr Oncu is sentenced to an aggregate term of imprisonment of 9½ years with a non-parole period of 6½ years, to date...