R v Robert KAUTER [2008] NSWDC 195
Given the quantity of ecstasy involved was above the threshold for a commercial quantity but below midrange, and the offender pleaded guilty at the first opportunity, a head sentence of six years and a non-parole period of three years are appropriate. There are special circumstances justifying some leniency, notably first time in custody and prospects of supervised rehabilitation.
- Jurisdiction
- Australia
- Judgment Date
- 14 August 2008
- Procedural Posture
- Criminal / Sentencing
- Outcome
- Sentenced to imprisonment; non-parole period fixed; destruction of drugs ordered.
- Legal Topics
- ['sentencing' 'drug Offences' 'supply of Commercial Quantity of Ecstasy' 'general Deterrence']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 ['What is the appropriate sentence for supplying a commercial quantity of ecstasy, considering mitigating and aggravating factors and legislative standard non-parole periods?']
Ratio Decidendi
Given the quantity of ecstasy involved was above the threshold for a commercial quantity but below midrange, and the offender pleaded guilty at the first opportunity, a head sentence of six years and a non-parole period of three years are appropriate. There are special circumstances justifying some leniency, notably first time in custody and prospects of supervised rehabilitation.
Court Disposition
Sentenced to imprisonment; non-parole period fixed; destruction of drugs ordered.
Orders
- ['Imprisonment for six years with a non-parole period of three years, commencing 1 March 2008.' 'Order for destruction of the drugs and restricted substance (Viagra).']
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