R v Dante Cantro De La CRUZ [2018] NSWDC 292

R v Dante Cantro De La CRUZ [2018] NSWDC 292

The appropriate sentence, after considering the below mid-range seriousness of the offence, financial reward, prior significant criminal history, early guilty plea, and prospects of rehabilitation, is an overall term of imprisonment of 3 years, with a non-parole period of 1 year and 9 months and parole of 1 year and 3 months, with the sum of $9,350 forfeited to the State.

Parties
Offender: Dante De La CRUZ; Prosecution: The Crown
Jurisdiction
Australia
Judgment Date
16 August 2018
Procedural Posture
Sentence / District Court Sentencing After Guilty Plea
Outcome
Offender convicted; sentenced to 3 years imprisonment (1 year 9 months non-parole, 1 year 3 months parole); sum of $9,350 forfeited; backup offences dismissed.
Legal Topics
Sentencing, Supply Prohibited Drugs, Proceeds of Crime
Criminal Law Sentencing Supply Prohibited Drugs Proceeds of Crime

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Parties

Dante De La CRUZ

Offender

The Crown

Prosecution

Procedural Posture

Sentence / District Court Sentencing After Guilty Plea

Legal Issues

  1. 1 What is the appropriate sentence for supply prohibited drugs (methylamphetamine) with possession of proceeds of crime, given the plea of guilty, amount of drugs, and offender's criminal history?

Ratio Decidendi

The appropriate sentence, after considering the below mid-range seriousness of the offence, financial reward, prior significant criminal history, early guilty plea, and prospects of rehabilitation, is an overall term of imprisonment of 3 years, with a non-parole period of 1 year and 9 months and parole of 1 year and 3 months, with the sum of $9,350 forfeited to the State.

Court Disposition

Offender convicted; sentenced to 3 years imprisonment (1 year 9 months non-parole, 1 year 3 months parole); sum of $9,350 forfeited; backup offences dismissed.

Orders

  • Offender convicted.
  • Non-parole period of 1 year and 9 months commencing 24 May 2017, expiring 23 February 2019.