R v Bui [2020] NSWDC 119

R v Bui [2020] NSWDC 119

Given the offender's role as a non-principal, early guilty pleas, lack of prior convictions, the fixed term and head sentences reflect the statutory scheme, and the Court found no special circumstances to break the statutory ratio between the sentence and the non-parole period.

Jurisdiction
Australia
Judgment Date
28 February 2020
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted. First offence: 3 months imprisonment. Second offence: 1 year 9 months imprisonment with a non-parole period of 1 year 3 months. Withdrawal of one charge. No special circumstances found.
Legal Topics
['sentencing' 'drug Cultivation' 'drug Misuse and Trafficking Act 1985']
['criminal Law'] ['sentencing' 'drug Cultivation' 'drug Misuse and Trafficking Act 1985']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for cultivating prohibited plants under Drug Misuse and Trafficking Act 1985 s 23(1A) and s 23(2)(a)' 'Consideration of utilitarian discount for early guilty plea' 'Application of non-parole periods and special circumstances under the Crime (Sentencing Procedure) Act 1999']

Ratio Decidendi

Given the offender's role as a non-principal, early guilty pleas, lack of prior convictions, the fixed term and head sentences reflect the statutory scheme, and the Court found no special circumstances to break the statutory ratio between the sentence and the non-parole period.

Court Disposition

Offender convicted. First offence: 3 months imprisonment. Second offence: 1 year 9 months imprisonment with a non-parole period of 1 year 3 months. Withdrawal of one charge. No special circumstances found.

Orders

  • ['Convicted on first charge, sentenced to 3 months imprisonment (3 January 2019 to 2 April 2019)' 'Convicted on second charge, sentenced to 1 year 9 months imprisonment (NPP 1 year 3 months, commencing 3 April 2019 and expiring 2 July 2020, balance expiring 2 January 2021)' 'Crown granted leave to withdraw charge...