R v Barlezizian [2022] NSWDC 379

R v Barlezizian [2022] NSWDC 379

Taking account of the agreed facts, guilty pleas, assistance, Form 1 offences, objective seriousness, moral culpability, subjective circumstances and totality, the Court found sequence 1 marginally below mid-range, sequence 3 below mid-range, sequence 28 in the lower range, and sequence 5 below mid-range. The...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 August 2022
Procedural Posture
Criminal Sentence for Drug Offences / Sentence After Pleas of Guilty
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of 7 years with a non-parole period of 4 years.
Legal Topics
['ongoing Supply of Prohibited Drug' 'supply of Prohibited Drug' 'supply of Large Commercial Quantity of Prohibited Drug' 'aggregate Sentence' 'form 1 Offences' 'pleas of Guilty' 'assistance to Authorities' 'standard Non Parole Period' 'objective Seriousness' 'moral Culpability']
['criminal Law' 'sentencing' 'drug Offences'] ['ongoing Supply of Prohibited Drug' 'supply of Prohibited Drug' 'supply of Large Commercial Quantity of Prohibited Drug' 'aggregate Sentence' 'form 1 Offences' 'pleas of Guilty' 'assistance to Authorities' 'standard Non Parole Period' 'objective Seriousness' 'moral Culpability']

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Summary, issues, holding and outcome

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Procedural Posture

Criminal Sentence for Drug Offences / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for ongoing supply of methylamphetamine, supply of a large commercial quantity of methylamphetamine, supply of ketamine, and supply of a commercial quantity of gamma-butyrolactone.' "How the Court should assess the objective seriousness of each offence and the offender's moral culpability in light of agreed facts, pleas of guilty, out-of-court representations, drug use, and asserted role." 'How the Form 1 offences should affect the sentence for sequence 3.' 'What discounts should be allowed for pleas of guilty, assistance to authorities, and future assistance.' 'Whether special circumstances should be found.']

Ratio Decidendi

Taking account of the agreed facts, guilty pleas, assistance, Form 1 offences, objective seriousness, moral culpability, subjective circumstances and totality, the Court found sequence 1 marginally below mid-range, sequence 3 below mid-range, sequence 28 in the lower range, and sequence 5 below mid-range. The offender's moral culpability was not reduced by his self-induced methylamphetamine use, although his rehabilitation prospects were strong. An aggregate sentence of 7 years' imprisonment with a non-parole period of 4 years was the appropriate sentence, backdated to 11 July 2020, with special circumstances found.

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of 7 years with a non-parole period of 4 years.

Orders

  • ['The offender is convicted of each of the offences to which he pleaded guilty.' 'An aggregate sentence of imprisonment of 7 years is imposed, including a non-parole period of 4 years.' 'The non-parole period is 4 years from 11 July 2020 to expire on 10 July 2024.' 'A further period of imprisonment of 3 years is...