R v MacGregor [2017] NSWDC 249

R v MacGregor [2017] NSWDC 249

The appropriate head sentence for the drug offences is seven years, discounted by 35% (for early plea and assistance), resulting in four years and six months imprisonment, with a non-parole period of two years and six months fixed due to special circumstances, backdated to the date of arrest; the offence of resisting police is sentenced to one month concurrent. The findings of special circumstances and positive conduct in custody justify reduction of the non-parole period below the standard ratio.

Jurisdiction
Australia
Judgment Date
03 August 2017
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to imprisonment
Legal Topics
['sentencing' 'drug Offences' 'resisting Police']
['criminal Law'] ['sentencing' 'drug Offences' 'resisting Police']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for offences of knowingly taking part in the manufacture and supply of methylamphetamine and resisting a police officer' 'Consideration of special circumstances justifying departure from statutory non-parole period formula' 'Impact of personal circumstances and history on sentencing']

Ratio Decidendi

The appropriate head sentence for the drug offences is seven years, discounted by 35% (for early plea and assistance), resulting in four years and six months imprisonment, with a non-parole period of two years and six months fixed due to special circumstances, backdated to the date of arrest; the offence of resisting police is sentenced to one month concurrent. The findings of special circumstances and positive conduct in custody justify reduction of the non-parole period below the standard ratio.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • ['Convicted on two drug offences and one offence of resisting police.' 'Sentenced to four years, six months imprisonment for the drug offences, with a non-parole period of two years, six months commencing 25 May 2015 and expiring 24 November 2017, and a further period of imprisonment of two years, expiring on 24...