R v Ly [2024] NSWDC 99

R v Ly [2024] NSWDC 99

Given the seriousness of the offender's attempt to possess a commercial quantity of heroin and balancing his low-level role, moral culpability reduced by drug addiction, demonstrated remorse and rehabilitation prospects, a head sentence of four years and one month with a non-parole period of two years is appropriate. Parole should include supervised treatment as recommended in Dr Chew's plan.

Jurisdiction
Australia
Judgment Date
05 April 2024
Procedural Posture
Criminal / Sentencing
Outcome
The offender is sentenced to four years and one month imprisonment, with a non-parole period of two years. Recommendations made regarding parole treatment plan. Convictions entered for s 166 matters with no further penalty.
Legal Topics
['sentence' 'attempt to Possess Commercial Quantity of Border Controlled Drug' 'parole' 'drug Addiction' 'rehabilitation']
['criminal Law'] ['sentence' 'attempt to Possess Commercial Quantity of Border Controlled Drug' 'parole' 'drug Addiction' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for attempt to possess commercial quantity of border-controlled drug' "Assessment of offender's role and moral culpability" 'Determination of parole and treatment plan' 'Consideration of prospects of rehabilitation']

Ratio Decidendi

Given the seriousness of the offender's attempt to possess a commercial quantity of heroin and balancing his low-level role, moral culpability reduced by drug addiction, demonstrated remorse and rehabilitation prospects, a head sentence of four years and one month with a non-parole period of two years is appropriate. Parole should include supervised treatment as recommended in Dr Chew's plan.

Court Disposition

The offender is sentenced to four years and one month imprisonment, with a non-parole period of two years. Recommendations made regarding parole treatment plan. Convictions entered for s 166 matters with no further penalty.

Orders

  • ['The offender is sentenced to a term of imprisonment of four years and one month commencing on 12 December 2022 and expiring on 11 January 2027.' 'A minimum non-parole period of two years commencing on 12 December 2022 and expiring on 11 December 2024; parole eligibility after this date.' "Recommendation that...