R v Kedwell [2022] NSWDC 368

R v Kedwell [2022] NSWDC 368

Given the offender's guilty plea, direct responsibility for purchasing and importing substantial quantities of MDMA for financial gain, limited criminal history, mental health and gambling issues contributing to offending, youth, and family circumstances, a sentence of imprisonment is required, with an aggregate head sentence of 4 years and a non-parole period of 2 years appropriate, reflecting the seriousness of the offences, need for deterrence, and some mitigation for subjective factors. Substantial concurrency applies as both offences formed part of a single transaction.

Jurisdiction
Australia
Judgment Date
23 May 2022
Procedural Posture
Sentence / Conviction and Sentencing
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 4 years with a non-parole period (NPP) of 2 years. Indicative sentences for each count: 3 years 10 months each after 25% discount. Substantial concurrency applied. Sentences commence from 21 May 2022.
Legal Topics
['sentence' 'commonwealth Offences' 'possess Marketable Quantity of Border Controlled Drug']
['criminal Law'] ['sentence' 'commonwealth Offences' 'possess Marketable Quantity of Border Controlled Drug']

Case Brief

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Procedural Posture

Sentence / Conviction and Sentencing

Legal Issues

  1. 1 ['Assessment of objective seriousness for attempting to possess a marketable quantity of a border controlled drug (MDMA)' 'Appropriate sentence for attempted possession of marketable quantities of MDMA under Commonwealth law' 'Mitigation of sentence due to guilty plea, mental health, youth, and family hardship' 'Application of concurrency and totality principles in sentencing multiple related offences']

Ratio Decidendi

Given the offender's guilty plea, direct responsibility for purchasing and importing substantial quantities of MDMA for financial gain, limited criminal history, mental health and gambling issues contributing to offending, youth, and family circumstances, a sentence of imprisonment is required, with an aggregate head sentence of 4 years and a non-parole period of 2 years appropriate, reflecting the seriousness of the offences, need for deterrence, and some mitigation for subjective factors. Substantial concurrency applies as both offences formed part of a single transaction.

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 4 years with a non-parole period (NPP) of 2 years. Indicative sentences for each count: 3 years 10 months each after 25% discount. Substantial concurrency applied. Sentences commence from 21 May 2022.

Orders

  • ["Aggregate head sentence of 4 years' imprisonment (21/05/22–20/05/26)" 'Non-parole period of 2 years (21/05/22–20/05/24)' 'Indicative sentence for Seq 5: 3 years 10 months' 'Indicative sentence for Seq 6: 3 years 10 months']