R v McKenzie [2022] NSWDC 552

R v McKenzie [2022] NSWDC 552

The offender's repeated ongoing heroin supply over several months, use of multiple phones, regular customer base and Form 1 offences required a full-time custodial aggregate sentence, notwithstanding his guilty pleas, user-dealer status and difficult background. The offending was assessed a little below midrange, with the second principal offence somewhat more serious. His criminal record, commission of the offences while on conditional liberty, limited insight and guarded rehabilitation prospects required weight to deterrence, while harsher COVID-19 custody conditions and personal circumstances supported a finding of special circumstances when fixing the non-parole period.

Jurisdiction
Australia
Judgment Date
24 June 2022
Procedural Posture
Criminal Sentence for Ongoing Supply of Prohibited Drug / Sentencing After Guilty Pleas
Outcome
The offender was convicted of three ongoing supply offences and sentenced to an aggregate term of imprisonment, referred to the Drug Court for assessment for a compulsory drug treatment order, and the seized cash was forfeited.
Legal Topics
['ongoing Supply of Prohibited Drug' 'heroin Supply' 'form 1 Offences' 'aggregate Sentence' 'non Parole Period' 'compulsory Drug Treatment Order Referral' 'forfeiture of Cash']
['criminal Law' 'sentencing' 'drug Offences'] ['ongoing Supply of Prohibited Drug' 'heroin Supply' 'form 1 Offences' 'aggregate Sentence' 'non Parole Period' 'compulsory Drug Treatment Order Referral' 'forfeiture of Cash']

Case Brief

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Procedural Posture

Criminal Sentence for Ongoing Supply of Prohibited Drug / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for three offences of ongoing supply of heroin under s 25A(1) of the Drug Misuse and Trafficking Act 1985 (NSW).' 'How the Form 1 offences should affect sentence on the principal offences.' 'How to assess the objective seriousness of ongoing supply offences involving repeated small supplies, planning, organisation and a user-dealer motive.' "What weight should be given to the offender's drug addiction, guilty plea, criminal history, conditional liberty, prospects of rehabilitation and COVID-19 custody conditions." 'Whether special circumstances justified a non-parole period less than the statutory ratio.']

Ratio Decidendi

The offender's repeated ongoing heroin supply over several months, use of multiple phones, regular customer base and Form 1 offences required a full-time custodial aggregate sentence, notwithstanding his guilty pleas, user-dealer status and difficult background. The offending was assessed a little below midrange, with the second principal offence somewhat more serious. His criminal record, commission of the offences while on conditional liberty, limited insight and guarded rehabilitation prospects required weight to deterrence, while harsher COVID-19 custody conditions and personal circumstances supported a finding of special circumstances when fixing the non-parole period.

Court Disposition

The offender was convicted of three ongoing supply offences and sentenced to an aggregate term of imprisonment, referred to the Drug Court for assessment for a compulsory drug treatment order, and the seized cash was forfeited.

Orders

  • ['Impose an aggregate sentence of four years and ten months imprisonment, with a non-parole period of three years imprisonment. The sentence commences on 23 June 2021 and expires on 22 April 2026. The non-parole expires on 22 June 2024.' 'Refer the offender to the Drug Court under s 18B of the Drug Court Act to...