R v Martin Ture GILLIES [2008] NSWDC 279
Because the offender engaged in serious ongoing supply of ecstasy, supplying 366 tablets just under the commercial quantity by weight and also committing related drug and proceeds offences, a full-time custodial sentence was required; allowing for the early guilty plea, Form 1 matters, health, rehabilitation needs and special circumstances, the appropriate sentence was imprisonment with a non-parole period of eighteen months and a head sentence of three years.
- Jurisdiction
- Australia
- Judgment Date
- 26 September 2008
- Procedural Posture
- Criminal Sentence / Sentencing After Early Guilty Plea
- Outcome
- The offender was sentenced to imprisonment consisting of a non-parole period of eighteen months and a head sentence of three years.
- Legal Topics
- ['sentence' 'ongoing Supply of Ecstasy' 'form 1' 'drug Supply' 'proceeds of Crime']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Sentence / Sentencing After Early Guilty Plea
Legal Issues
- 1 ['What sentence should be imposed for ongoing supply of ecstasy after an early guilty plea.' 'Whether related offences on a Form 1 should be taken into account.' "How the offender's objective criminality, health, rehabilitation prospects, lack of remorse, and special circumstances should affect sentence."]
Ratio Decidendi
Because the offender engaged in serious ongoing supply of ecstasy, supplying 366 tablets just under the commercial quantity by weight and also committing related drug and proceeds offences, a full-time custodial sentence was required; allowing for the early guilty plea, Form 1 matters, health, rehabilitation needs and special circumstances, the appropriate sentence was imprisonment with a non-parole period of eighteen months and a head sentence of three years.
Court Disposition
The offender was sentenced to imprisonment consisting of a non-parole period of eighteen months and a head sentence of three years.
Orders
- ['The offender is sentenced to imprisonment taking into account the matters on the Form 1.' 'A non-parole period of eighteen months is set to commence on 29 June 2008 and expire on 28 December 2009, when the offender is eligible to be released to parole.' 'A head sentence of three years is set.' 'The drugs are to be...
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