R v Trinh [2011] NSWDC 140

R v Trinh [2011] NSWDC 140

The offender supplied a large quantity of methylamphetamine, but played a low level role, was motivated by personal problems, pleaded guilty early, and has good prospects of rehabilitation. Special circumstances justify a reduced non-parole period. A total sentence of five years' imprisonment with a non-parole period of two years and nine months is appropriate.

Jurisdiction
Australia
Judgment Date
04 March 2011
Procedural Posture
Criminal Sentencing / Sentence Imposed After Plea of Guilty
Outcome
The offender is convicted and sentenced to imprisonment.
Legal Topics
['sentencing' 'supply of Prohibited Drug' 'drug Misuse and Trafficking Act Offences']
['criminal Law'] ['sentencing' 'supply of Prohibited Drug' 'drug Misuse and Trafficking Act Offences']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Sentence Imposed After Plea of Guilty

Legal Issues

  1. 1 ['What is the appropriate sentence for supply of a prohibited drug (methylamphetamine) greater than the traffickable quantity and not less than the commercial quantity?' 'Is the offender entitled to a non-parole period less than the statutory proportion due to special circumstances?']

Ratio Decidendi

The offender supplied a large quantity of methylamphetamine, but played a low level role, was motivated by personal problems, pleaded guilty early, and has good prospects of rehabilitation. Special circumstances justify a reduced non-parole period. A total sentence of five years' imprisonment with a non-parole period of two years and nine months is appropriate.

Court Disposition

The offender is convicted and sentenced to imprisonment.

Orders

  • ['The offender is sentenced to a term of imprisonment of five years with a non-parole period of two years and nine months, commencing 5 May 2010.' 'The earliest eligibility for release on parole is 4 February 2013.' 'The prohibited drugs seized on 5 May 2010 are to be destroyed.' 'The sequence 3 charge is remitted...