R v Lin [2021] NSWDC 523

R v Lin [2021] NSWDC 523

The offender's role in the ongoing methylamphetamine supply was subordinate to Li and involved four supplies totalling 17.5 grams for $3,940, with systematic conduct but not the sophistication of the broader operation. Sequence 1 was below the mid-range and towards the middle of the low range of objective seriousness; sequence 5 was toward the lower end. Offending while on parole and prior imprisonment aggravated the sentence and reduced entitlement to leniency, but the early guilty plea warranted a 25% discount, remorse was accepted, social disadvantage and early drug exposure reduced moral culpability, COVID-19 made custody more onerous, and special circumstances justified a longer...

Jurisdiction
Australia
Judgment Date
30 September 2021
Procedural Posture
Criminal Sentence / Sentence After Pleas of Guilty
Outcome
Full-time custodial sentence imposed for sequence 1 and fine imposed for sequence 5.
Legal Topics
['ongoing Supply of Prohibited Drugs (methylamphetamine)' 'assist in Conducting a Drug Premises' 'drug Misuse & Trafficking Act 1985' 'objective Seriousness' 'parole as Aggravating Factor' 'early Guilty Plea' 'bugmy Principles' 'special Circumstances' 'covid 19 Custody Conditions']
['criminal Law' 'sentencing'] ['ongoing Supply of Prohibited Drugs (methylamphetamine)' 'assist in Conducting a Drug Premises' 'drug Misuse & Trafficking Act 1985' 'objective Seriousness' 'parole as Aggravating Factor' 'early Guilty Plea' 'bugmy Principles' 'special Circumstances' 'covid 19 Custody Conditions']

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 ongoing supply of prohibited drugs and assisting in conducting a drug premises.' "How objectively serious the offender's role in the drug supply operation was." "Whether the offender's offending while on parole, criminal history, early guilty plea, childhood trauma, drug addiction, mental health, remorse, rehabilitation prospects and COVID-19 custody conditions affected sentence." 'Whether full-time imprisonment was required for sequence 1 and whether the s 5 threshold was crossed for sequence 5.' 'Whether special circumstances justified varying the statutory ratio between the head sentence and non-parole period.']

Ratio Decidendi

The offender's role in the ongoing methylamphetamine supply was subordinate to Li and involved four supplies totalling 17.5 grams for $3,940, with systematic conduct but not the sophistication of the broader operation. Sequence 1 was below the mid-range and towards the middle of the low range of objective seriousness; sequence 5 was toward the lower end. Offending while on parole and prior imprisonment aggravated the sentence and reduced entitlement to leniency, but the early guilty plea warranted a 25% discount, remorse was accepted, social disadvantage and early drug exposure reduced moral culpability, COVID-19 made custody more onerous, and special circumstances justified a longer...

Court Disposition

Full-time custodial sentence imposed for sequence 1 and fine imposed for sequence 5.

Orders

  • ['The offender is convicted of the offence in sequence 1, ongoing supply of prohibited drugs (methylamphetamine), pursuant to s 25A(1) of the Drug Misuse & Trafficking Act 1985.' 'For sequence 1, the offender is sentenced to a non-parole period of one year and three months commencing on 22 July 2020 and terminating...