R v QL [2023] NSWDC 456

R v QL [2023] NSWDC 456

The offender's conduct involved serious large commercial quantity drug manufacture and supply across two discrete periods. The 2018 manufacture offences were within the mid-range or bottom of the mid-range of objective seriousness and the 2020 offences included significant manufacturing while on bail, demonstrating disregard for the law. Although the offender had no relevant criminal history, childhood trauma, progress in custody and reasonable prospects of rehabilitation, those factors did not outweigh the seriousness of the offending, the need for general and specific deterrence, financial gain, and the need for considerable accumulation. Applying parity and totality, an aggregate...

Jurisdiction
Australia
Judgment Date
26 October 2023
Procedural Posture
Criminal Sentence / Sentence After Pleas of Guilty
Outcome
Full-time custody; offender convicted and sentenced to an aggregate term of 12 years imprisonment with a non-parole period of 7 years.
Legal Topics
['manufacture Prohibited Drug Large Commercial Quantity' 'supply Prohibited Drug Large Commercial Quantity' 'form 1 Offences' 'related Offences Under S 166 of the Criminal Procedure Act 1986' 'parity' 'totality' 'special Circumstances' 'objective Seriousness' 'general Deterrence' 'specific Deterrence']
['criminal Law' 'sentencing'] ['manufacture Prohibited Drug Large Commercial Quantity' 'supply Prohibited Drug Large Commercial Quantity' 'form 1 Offences' 'related Offences Under S 166 of the Criminal Procedure Act 1986' 'parity' 'totality' 'special Circumstances' 'objective Seriousness' 'general Deterrence' 'specific Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for the 2018 and 2020 drug manufacturing and supply offences, including offences on Forms 1 and related offences.' "The objective seriousness of the large commercial quantity prohibited drug offences and the offender's role in the offending." "Whether the offender's childhood trauma, mental health history, rehabilitation, custody conditions and subjective circumstances mitigated sentence." 'The extent to which the 2020 offences committed while on bail aggravated sentence.' 'How parity with co-offender Bilal El Badar and principles of totality should affect the aggregate sentence.' 'Whether special circumstances should be found under s 44 of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The offender's conduct involved serious large commercial quantity drug manufacture and supply across two discrete periods. The 2018 manufacture offences were within the mid-range or bottom of the mid-range of objective seriousness and the 2020 offences included significant manufacturing while on bail, demonstrating disregard for the law. Although the offender had no relevant criminal history, childhood trauma, progress in custody and reasonable prospects of rehabilitation, those factors did not outweigh the seriousness of the offending, the need for general and specific deterrence, financial gain, and the need for considerable accumulation. Applying parity and totality, an aggregate...

Court Disposition

Full-time custody; offender convicted and sentenced to an aggregate term of 12 years imprisonment with a non-parole period of 7 years.

Orders

  • ['The offender is convicted of Sequence 1 – manufacture prohibited drug, large commercial quantity (3,047g pure 3,4-methylenedioxyamphetamine and 10,082.77g where the purity has not been determined), an offence pursuant to s 24(2) of the DMTA.' 'The offender is convicted of Sequence 7 – supply prohibited drug, large...