R v Gill [2016] NSWDC 176

R v Gill [2016] NSWDC 176

Applying totality to the earlier sentence imposed by Judge Arnott, allowing for the earliest guilty pleas, Form 1 matters, delay not caused by Mr Gill, his personal circumstances and guarded rehabilitation prospects, the court treated the P2P as a stand-alone drug and imposed an aggregate sentence so that the overall sentencing outcome approximated what would have occurred had all related matters been sentenced together.

Jurisdiction
Australia
Judgment Date
10 June 2016
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas
Outcome
Aggregate sentence imposed for the offences before the court.
Legal Topics
['sentence' 'manufacture Prohibited Drug' 'possess Precursor' 'form 1' 'principle of Totality' 'delay in Sentencing' 'guilty Plea Discount']
['criminal Law'] ['sentence' 'manufacture Prohibited Drug' 'possess Precursor' 'form 1' 'principle of Totality' 'delay in Sentencing' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for manufacturing a prohibited drug, namely 1-phenol-2-propanone (P2P), and possessing a precursor for use in the manufacture of a prohibited drug.' 'How to apply totality where related offences committed at around the same time were sentenced some considerable time apart.' 'Whether the P2P should be sentenced as manufactured as a stand-alone drug or as a step in manufacturing methylamphetamine.' 'What weight should be given to delay not caused by the offender and its effect on rehabilitation and security classification.' "What allowance should be made for the offender's earliest guilty pleas and the matters on the Form 1."]

Ratio Decidendi

Applying totality to the earlier sentence imposed by Judge Arnott, allowing for the earliest guilty pleas, Form 1 matters, delay not caused by Mr Gill, his personal circumstances and guarded rehabilitation prospects, the court treated the P2P as a stand-alone drug and imposed an aggregate sentence so that the overall sentencing outcome approximated what would have occurred had all related matters been sentenced together.

Court Disposition

Aggregate sentence imposed for the offences before the court.

Orders

  • ['Impose an aggregate sentence consisting of a non-parole period of two and a half years to date from 25 March 2016 and a head sentence of five and a half years.' 'Mr Gill is eligible to be released to parole on 24 September 2018.']