R v Lewis [2018] NSWDC 522

R v Lewis [2018] NSWDC 522

The offender was sentenced to 12 years imprisonment, with a non-parole period of 9 years, based on his role in the joint criminal enterprise to manufacture a large commercial quantity of methylamphetamine. Parity with a co-offender (Tsimingos) was a central consideration, adjusted for lack of a guilty plea, absence of remorse, and absence of extra-curial punishment. The crime was found to be below the midrange of objective seriousness, so the standard non-parole period was not imposed.

Parties
Prosecution: Regina (The Crown); Offender: Mark Brett Lewis
Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Criminal / Sentence
Outcome
Offender sentenced to 12 years imprisonment with a non-parole period of 9 years.
Legal Topics
Sentencing, Manufacture of Prohibited Drugs, Joint Criminal Enterprise, Parity, Non Parole Period
Criminal Law Sentencing Manufacture of Prohibited Drugs Joint Criminal Enterprise Parity Non Parole Period

Case Brief

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Parties

Regina (The Crown)

Prosecution

Mark Brett Lewis

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for the offender convicted of manufacturing a large commercial quantity of methylamphetamine as part of a joint criminal enterprise?
  2. 2 What was the offender's role in the enterprise, and does parity with co-offenders affect the sentencing?
  3. 3 Does the injury or remorse shown by co-offenders have parity implications for sentence?

Ratio Decidendi

The offender was sentenced to 12 years imprisonment, with a non-parole period of 9 years, based on his role in the joint criminal enterprise to manufacture a large commercial quantity of methylamphetamine. Parity with a co-offender (Tsimingos) was a central consideration, adjusted for lack of a guilty plea, absence of remorse, and absence of extra-curial punishment. The crime was found to be below the midrange of objective seriousness, so the standard non-parole period was not imposed.

Court Disposition

Offender sentenced to 12 years imprisonment with a non-parole period of 9 years.

Orders

  • Offender sentenced to imprisonment for 12 years, commencing 1 May 2018.
  • Non-parole period of 9 years, expiring 30 April 2027.