R v Can [2021] NSWDC 775

R v Can [2021] NSWDC 775

Taking into account the seriousness of the offences, prior criminal history, psychiatric diagnosis, and acceptance by the Crown of below mid-range objective seriousness, an aggregate sentence of four years was imposed with a non-parole period of three years, commencing 1 January 2021, reflecting statutory discount for early guilty plea and appropriate discretion exercised regarding commencement date.

Jurisdiction
Australia
Judgment Date
14 December 2021
Procedural Posture
Criminal / Sentencing Judgment
Outcome
Convicted and sentenced
Legal Topics
['sentencing' 'drug Offences' 'deemed Supply' 'aggregate Sentence' 'non Parole Period']
['criminal Law'] ['sentencing' 'drug Offences' 'deemed Supply' 'aggregate Sentence' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 ['Appropriate aggregate sentence for two charges of deemed supply of methylamphetamine and GBL' 'Determination of non-parole period' 'Consideration of psychiatric condition and criminal history' 'Assessment of objective seriousness of offences' 'Commencement date of sentence']

Ratio Decidendi

Taking into account the seriousness of the offences, prior criminal history, psychiatric diagnosis, and acceptance by the Crown of below mid-range objective seriousness, an aggregate sentence of four years was imposed with a non-parole period of three years, commencing 1 January 2021, reflecting statutory discount for early guilty plea and appropriate discretion exercised regarding commencement date.

Court Disposition

Convicted and sentenced

Orders

  • ['Aggregate sentence of 4 years imprisonment, commencing 1 January 2021, with non-parole period of 3 years expiring 31 December 2023' 'Further period of imprisonment of 1 year expiring 31 December 2024' 'Consent order for confiscation of mobile phone']