R v Doherty [2019] NSWDC 515

R v Doherty [2019] NSWDC 515

Given the offender's limited but trusted role, awareness of a substantial risk of involvement in a serious crime, persistent participation including wilful blindness, and all mitigating and aggravating factors, including the early plea and efforts toward rehabilitation, only a significant sentence of full time imprisonment is appropriate, moderated by a reduced non-parole period.

Parties
Offender: Rhys William Doherty; Prosecutor: Director of Public Prosecutions (Commonwealth)
Jurisdiction
Australia
Judgment Date
20 September 2019
Procedural Posture
Criminal / Sentence
Outcome
conviction and sentence of imprisonment
Legal Topics
Sentencing, Drug Importation, Aid and Abet, Attempted Possession, Objective Seriousness, Parity, Mitigation
Criminal Law Sentencing Drug Importation Aid and Abet Attempted Possession Objective Seriousness Parity Mitigation

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Parties

Rhys William Doherty

Offender

Director of Public Prosecutions (Commonwealth)

Prosecutor

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for aiding and abetting attempted possession of a commercial quantity of a border controlled drug?
  2. 2 What is the offender's degree of moral culpability?
  3. 3 What is the impact of mitigating and aggravating factors, including parity, delay, rehabilitation, and hardship?

Ratio Decidendi

Given the offender's limited but trusted role, awareness of a substantial risk of involvement in a serious crime, persistent participation including wilful blindness, and all mitigating and aggravating factors, including the early plea and efforts toward rehabilitation, only a significant sentence of full time imprisonment is appropriate, moderated by a reduced non-parole period.

Court Disposition

conviction and sentence of imprisonment

Orders

  • For aiding and abetting attempting to possess a commercial quantity of unlawfully imported border controlled drug (methamphetamine), convicted and sentenced to imprisonment for 6 years commencing 27 January 2019.
  • Fixed non-parole period of 3 years to expire on 26 January 2022, upon which the offender is to be released on parole subject to s 19AL Crimes Act 1914.