The Queen v Woodley [2020] NSWDC 664

The Queen v Woodley [2020] NSWDC 664

The offending involved extensive ongoing supply of methylamphetamine for financial or material reward across three periods, with Form 1 matters, and occurred while the offender was on conditional liberty. Although the offending was serious and required full-time imprisonment, its objective seriousness was assessed just below midrange. The offender's early guilty plea, remorse, challenging childhood, early drug addiction and psychiatric conditions reduced moral culpability and supported special circumstances. The appropriate outcome was an aggregate custodial sentence backdated to 5 December 2019, with a 25% guilty plea discount reflected in the indicative sentences.

Jurisdiction
Australia
Judgment Date
15 September 2020
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
Full-time custodial sentence imposed: aggregate head sentence of 6 years with a non-parole period of 3 years, commencing 5 December 2019; eligible for parole on 4 December 2022.
Legal Topics
['supplying a Prohibited Drug on an Ongoing Basis' 'methylamphetamine Supply' 'form 1 Offences' 'conditional Liberty as Aggravating Factor' 'guilty Plea Discount' 'drug Addiction and Moral Culpability' 'full Time Custodial Sentence']
['criminal Law' 'sentencing'] ['supplying a Prohibited Drug on an Ongoing Basis' 'methylamphetamine Supply' 'form 1 Offences' 'conditional Liberty as Aggravating Factor' 'guilty Plea Discount' 'drug Addiction and Moral Culpability' 'full Time Custodial Sentence']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for three charges of supplying a prohibited drug on an ongoing basis under s 25A of the Drug Misuse and Trafficking Act 1985 NSW.' 'How the Form 1 matters attaching to sequences 37 and 39 should be taken into account.' "Whether the offender's objective criminality was aggravated by offending while on conditional liberty." "Whether the offender's childhood, early drug addiction and psychiatric conditions reduced his moral culpability." 'Whether the s 5 threshold for full-time imprisonment was crossed.' 'What commencement date should be adopted for the custodial sentence having regard to presentence custody and totality.']

Ratio Decidendi

The offending involved extensive ongoing supply of methylamphetamine for financial or material reward across three periods, with Form 1 matters, and occurred while the offender was on conditional liberty. Although the offending was serious and required full-time imprisonment, its objective seriousness was assessed just below midrange. The offender's early guilty plea, remorse, challenging childhood, early drug addiction and psychiatric conditions reduced moral culpability and supported special circumstances. The appropriate outcome was an aggregate custodial sentence backdated to 5 December 2019, with a 25% guilty plea discount reflected in the indicative sentences.

Court Disposition

Full-time custodial sentence imposed: aggregate head sentence of 6 years with a non-parole period of 3 years, commencing 5 December 2019; eligible for parole on 4 December 2022.

Orders

  • ['Russell John Woodley is convicted of sequence 37, supply prohibited drug on an ongoing basis.' 'Russell John Woodley is convicted of sequence 38, supply prohibited drug on an ongoing basis.' 'Russell John Woodley is convicted of sequence 39, supply prohibited drug on an ongoing basis.' 'For the three charges, an...