R v Jin [2021] NSWDC 755

R v Jin [2021] NSWDC 755

The offender, Allen Jin, played a minimal role as a warehouseman by permitting the storage of drugs at his rented premises to feed his addiction; given his full rehabilitation efforts, lack of prior record, successful engagement with psychiatric care, and low risk of reoffending, the imposition of an aggregate Intensive Corrections Order for two years and 330 days (accounting for pre-sentence custody) appropriately balances punishment, community safety and rehabilitation.

Parties
Crown: R; Offender: Allen Jin
Jurisdiction
Australia
Judgment Date
06 October 2021
Procedural Posture
Criminal / Sentence
Outcome
Conviction entered; aggregate Intensive Correction Order for two years and 330 days (accounting for 36 days pre-sentence custody) with conditions.
Legal Topics
Sentencing, Drug Offences, Intensive Correction Orders, Statutory Interpretation
Criminal Law Sentencing Drug Offences Intensive Correction Orders Statutory Interpretation

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Parties

R

Crown

Allen Jin

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for supplying large commercial quantity of MDMA and supply of cocaine under Drug Misuse and Trafficking Act 1985 (NSW)
  2. 2 Application and appropriateness of Intensive Correction Order (ICO) as an alternative to full-time imprisonment
  3. 3 Assessment of offender's role and culpability within a drug syndicate

Ratio Decidendi

The offender, Allen Jin, played a minimal role as a warehouseman by permitting the storage of drugs at his rented premises to feed his addiction; given his full rehabilitation efforts, lack of prior record, successful engagement with psychiatric care, and low risk of reoffending, the imposition of an aggregate Intensive Corrections Order for two years and 330 days (accounting for pre-sentence custody) appropriately balances punishment, community safety and rehabilitation.

Court Disposition

Conviction entered; aggregate Intensive Correction Order for two years and 330 days (accounting for 36 days pre-sentence custody) with conditions.

Orders

  • You must not commit any offence;
  • You must submit to supervision by a Community Corrections Officer;