R v La [2020] NSWDC 722

R v La [2020] NSWDC 722

Having regard to the middle level of objective seriousness for each offence, the ongoing nature of drug supply, the offender's prior conviction for a similar offence, limited weight given to remorse and prospects of rehabilitation, and the need for general and personal deterrence, an aggregate sentence of full-time imprisonment is necessary; with accumulation for the discrete 'Midnight Mafia' offence and concurrency for the ongoing supply and related offences, giving effect to totality and parity with related offenders.

Jurisdiction
Australia
Judgment Date
02 October 2020
Procedural Posture
Criminal / Sentencing
Outcome
Convicted; aggregate term of imprisonment imposed
Legal Topics
['sentence' 'supply Prohibited Drug' 'ongoing Supply' 'mdma' 'cocaine']
['criminal Law'] ['sentence' 'supply Prohibited Drug' 'ongoing Supply' 'mdma' 'cocaine']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for offences of supply of prohibited drugs (MDMA, cocaine) and ongoing supply; Consideration of parity with co-offenders; Assessment of objective and subjective seriousness; Weight to be given to evidence of remorse and prospects of rehabilitation']

Ratio Decidendi

Having regard to the middle level of objective seriousness for each offence, the ongoing nature of drug supply, the offender's prior conviction for a similar offence, limited weight given to remorse and prospects of rehabilitation, and the need for general and personal deterrence, an aggregate sentence of full-time imprisonment is necessary; with accumulation for the discrete 'Midnight Mafia' offence and concurrency for the ongoing supply and related offences, giving effect to totality and parity with related offenders.

Court Disposition

Convicted; aggregate term of imprisonment imposed

Orders

  • ['Aggregate term of imprisonment of 3 years 3 months with a non-parole period of 1 year 10 months, commencing 10 January 2020; head sentence expires 9 April 2023, non-parole period expires 9 November 2021']