R v Laratta [2017] NSWDC 227

R v Laratta [2017] NSWDC 227

Given the offender's role as a 'user courier', modest quantities above statutory thresholds, prospects for rehabilitation, early guilty plea, and special circumstances including family support and personal history, an aggregate sentence reflecting both general deterrence and the lowest sentence appropriate to the objective gravity of the conduct was imposed.

Parties
Prosecution: The Crown; Offender: Jason Robert Laratta
Jurisdiction
Australia
Judgment Date
08 June 2017
Procedural Posture
Criminal / Sentencing
Outcome
Impose an aggregate sentence of imprisonment consisting of a non-parole period of 2½ years and a head sentence of 5 years.
Legal Topics
Sentence, Knowingly Take Part in Drug Supply, Large Commercial Quantity, User Courier
Criminal Law Sentence Knowingly Take Part in Drug Supply Large Commercial Quantity User Courier

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Parties

The Crown

Prosecution

Jason Robert Laratta

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for knowingly taking part in the supply of more than the large commercial quantity of 1.4 butanediol
  2. 2 Appropriate sentence for knowingly taking part in the supply of 24.6 grams of methylamphetamine
  3. 3 Consideration of offender's role as a 'user courier' and impact on sentence

Ratio Decidendi

Given the offender's role as a 'user courier', modest quantities above statutory thresholds, prospects for rehabilitation, early guilty plea, and special circumstances including family support and personal history, an aggregate sentence reflecting both general deterrence and the lowest sentence appropriate to the objective gravity of the conduct was imposed.

Court Disposition

Impose an aggregate sentence of imprisonment consisting of a non-parole period of 2½ years and a head sentence of 5 years.

Orders

  • Aggregate sentence of imprisonment: non-parole period of 2.5 years commencing 12 August 2016.
  • Head sentence of 5 years imprisonment.