R v Fong [2013] NSWDC 48

R v Fong [2013] NSWDC 48

Because the offender pleaded guilty, had no criminal history, had facilitated the course of justice at an early stage, was to be sentenced on the accepted basis that the methylamphetamine was for personal use and not for sale or supply, and had already spent sufficient time in custody, a sentence of 18 months' imprisonment commencing on 24 March 2012 with a recognisance release order commencing immediately was appropriate.

Jurisdiction
Australia
Judgment Date
18 February 2013
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Sentenced to imprisonment for 18 months with a recognisance release order commencing immediately; the offender was released immediately.
Legal Topics
['sentence' 'possession of Methylamphetamine' 'attempt to Export a Border Controlled Drug']
['criminal Law'] ['sentence' 'possession of Methylamphetamine' 'attempt to Export a Border Controlled Drug']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for attempting to export a border controlled drug where the offender possessed 196.4 grams of methylamphetamine for personal use.' 'Whether sentencing on the basis of almost 200 grams of methylamphetamine would breach the rule in R v De Simoni (1981) 147 CLR 383.']

Ratio Decidendi

Because the offender pleaded guilty, had no criminal history, had facilitated the course of justice at an early stage, was to be sentenced on the accepted basis that the methylamphetamine was for personal use and not for sale or supply, and had already spent sufficient time in custody, a sentence of 18 months' imprisonment commencing on 24 March 2012 with a recognisance release order commencing immediately was appropriate.

Court Disposition

Sentenced to imprisonment for 18 months with a recognisance release order commencing immediately; the offender was released immediately.

Orders

  • ['The offender is sentenced to imprisonment for eighteen months.' 'The sentence commenced on 24 March 2012, the day he was arrested.' 'A recognisance release order will commence today and continue until the expiration of the sentence.']