R v Perry [2023] NSWDC 236

R v Perry [2023] NSWDC 236

The appropriate sentence for Michael Shane Perry, convicted of supplying a large commercial quantity of methamphetamine, is arrived at by assessing the objective and subjective seriousness, including his role, the amount and purity of drug, prior offences, mental health conditions, minimal remorse, and utilitarian value of his early guilty plea. The court rejects the offender’s evidence on limited possession and coercion, finds both aggravating and mitigating factors, and, applying principles of accumulation and totality, backdates the full-time custodial head sentence of 7 years (with a non-parole period of 4 years 6 months) to 23 May 2022, with findings of special circumstances.

Parties
Crown: NSW DPP; Offender: Michael Shane Perry
Jurisdiction
Australia
Judgment Date
02 March 2023
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to imprisonment.
Legal Topics
Sentencing, Drug Offences, Supply of Prohibited Drugs, Large Commercial Quantity, Methamphetamine
Criminal Law Sentencing Drug Offences Supply of Prohibited Drugs Large Commercial Quantity Methamphetamine

Case Brief

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Parties

NSW DPP

Crown

Michael Shane Perry

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for supply of large commercial quantity of methamphetamine under s 25(2) Drug Misuse & Trafficking Act 1985
  2. 2 Impact of guilty plea and utilitarian discount
  3. 3 Assessment of objective and subjective seriousness, including prior offences and mental health factors

Ratio Decidendi

The appropriate sentence for Michael Shane Perry, convicted of supplying a large commercial quantity of methamphetamine, is arrived at by assessing the objective and subjective seriousness, including his role, the amount and purity of drug, prior offences, mental health conditions, minimal remorse, and utilitarian value of his early guilty plea. The court rejects the offender’s evidence on limited possession and coercion, finds both aggravating and mitigating factors, and, applying principles of accumulation and totality, backdates the full-time custodial head sentence of 7 years (with a non-parole period of 4 years 6 months) to 23 May 2022, with findings of special circumstances.

Court Disposition

Convicted and sentenced to imprisonment.

Orders

  • Head sentence of 7 years imprisonment with 25% discount for plea (backdated to 23 May 2022).
  • Non-parole period of 4 years 6 months (expires 22 November 2026).