R v Choo [2021] NSWDC 351
A sentence of imprisonment of 26 months with a non-parole period of 13 months is appropriate, taking into account the offender's early plea of guilty, subjective circumstances, lack of prior record, parity with co-offender, objective seriousness below the mid-range, and special circumstances justifying departure from the standard non-parole period.
- Parties
- Prosecutor: Regina (Office of the Director of Public Prosecutions); Offender: Jim Choo
- Jurisdiction
- Australia
- Judgment Date
- 17 March 2021
- Procedural Posture
- Criminal / Sentence
- Outcome
- offender sentenced to term of imprisonment
- Legal Topics
- Sentencing, Mitigating Factors, Imprisonment, Co Offenders, Objective Seriousness, General Deterrence, Special Circumstances
Case Brief
Summary, issues, holding and outcome
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Parties
Regina (Office of the Director of Public Prosecutions)
Prosecutor
Jim Choo
Offender
Procedural Posture
Criminal / Sentence
Legal Issues
- 1 Appropriate sentence for cultivation of a prohibited plant in a large commercial quantity
- 2 Consideration of mitigating and aggravating factors in sentencing
- 3 Application of discount for early plea of guilty
Ratio Decidendi
A sentence of imprisonment of 26 months with a non-parole period of 13 months is appropriate, taking into account the offender's early plea of guilty, subjective circumstances, lack of prior record, parity with co-offender, objective seriousness below the mid-range, and special circumstances justifying departure from the standard non-parole period.
Court Disposition
offender sentenced to term of imprisonment
Orders
- Plea of guilty confirmed.
- The offender is convicted of the offence.
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