R v David Sydney Lowe [2009] NSWDC 303

R v David Sydney Lowe [2009] NSWDC 303

Given the objective seriousness of the repeated and organised drug supply for profit, the commercial quantity offences, the cultivation and the firearms and weapons offences, no penalty other than imprisonment was appropriate. The offender's early guilty pleas warranted a discount of about 25 per cent, but the Form...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas
Outcome
The offender was convicted and sentenced to an effective head sentence of 14 years imprisonment commencing 4 July 2008 and expiring 3 July 2022, with an effective non-parole period of 10 years and eligibility for release to parole on 3 July 2018.
Legal Topics
['ongoing Supply of Prohibited Drug' 'supply of Commercial Quantity of Methylamphetamine' 'cultivation of Prohibited Plant by Enhanced Indoor Means' 'firearms Offences' 'prohibited Weapons Offences' 'form 1 Offences' 'standard Non Parole Period' 'totality']
['criminal Law' 'sentencing'] ['ongoing Supply of Prohibited Drug' 'supply of Commercial Quantity of Methylamphetamine' 'cultivation of Prohibited Plant by Enhanced Indoor Means' 'firearms Offences' 'prohibited Weapons Offences' 'form 1 Offences' 'standard Non Parole Period' 'totality']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for ongoing supply of methylamphetamine, two commercial quantity supply offences, cultivation of cannabis, firearms offences and a prohibited weapon offence.' 'How the objective seriousness of the drug, firearms and weapons offences should be assessed.' "What weight should be given to the offender's guilty pleas, subjective circumstances, Form 1 matters, totality and special circumstances."]

Ratio Decidendi

Given the objective seriousness of the repeated and organised drug supply for profit, the commercial quantity offences, the cultivation and the firearms and weapons offences, no penalty other than imprisonment was appropriate. The offender's early guilty pleas warranted a discount of about 25 per cent, but the Form 1 matters, deterrence, standard non-parole period reference points, accumulation, totality and special circumstances required an effective head sentence of 14 years with an effective non-parole period of 10 years.

Court Disposition

The offender was convicted and sentenced to an effective head sentence of 14 years imprisonment commencing 4 July 2008 and expiring 3 July 2022, with an effective non-parole period of 10 years and eligibility for release to parole on 3 July 2018.

Orders

  • ['Count 3, possess unauthorised firearm: convicted and sentenced to a fixed term of imprisonment of 2 years 4 months from 4 July 2008 to 3 November 2010.' 'Count 4, possess unregistered firearm: convicted and sentenced to a fixed term of 12 months from 4 July 2008 to 3 July 2009.' 'Count 5, possess prohibited weapon...