R v Chan CHAO [2008] NSWDC 127

R v Chan CHAO [2008] NSWDC 127

Given the offender's significant drug supply for profit, lack of genuine remorse, offending while on parole, and planned criminality, a custodial sentence with a non-parole period reflecting no special circumstances is appropriate, discounted by 25% for early plea.

Parties
Prosecutor: The Crown; Offender: Chan Chao
Jurisdiction
Australia
Judgment Date
02 May 2000
Procedural Posture
Criminal / Sentencing After Plea of Guilty
Outcome
Offender sentenced to imprisonment with a non-parole period and ancillary orders granted.
Legal Topics
Sentencing, Supply of Prohibited Drug, Remorse, Parole Violation, Drug Destruction Orders
Criminal Law Sentencing Supply of Prohibited Drug Remorse Parole Violation Drug Destruction Orders

Case Brief

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Parties

The Crown

Prosecutor

Chan Chao

Offender

Procedural Posture

Criminal / Sentencing After Plea of Guilty

Legal Issues

  1. 1 Appropriate sentence for supply of prohibited drug (ecstasy)
  2. 2 Assessment of offender's remorse and prospects of rehabilitation
  3. 3 Effect of offender being on parole at time of offence

Ratio Decidendi

Given the offender's significant drug supply for profit, lack of genuine remorse, offending while on parole, and planned criminality, a custodial sentence with a non-parole period reflecting no special circumstances is appropriate, discounted by 25% for early plea.

Court Disposition

Offender sentenced to imprisonment with a non-parole period and ancillary orders granted.

Orders

  • Imprisonment: non-parole period of 2 years 3 months commencing 3 October 2007, expiring 2 January 2010; head sentence 3 years.
  • Offender to be released to parole on 2 January 2010.