R v Ristevska [2022] NSWDC 577

R v Ristevska [2022] NSWDC 577

An aggregate full-time custodial sentence was required because the offender participated in a street-level drug supply criminal group, intended that methylamphetamine and heroin be supplied for profit, dealt with proceeds of crime, had prior similar drug supply convictions, and required personal deterrence and community protection. The sentence was moderated by her early guilty pleas, relatively limited role in the physical drug purchase, the street-level scale of the operation, parity considerations, totality, guarded prospects of rehabilitation, and special circumstances supporting a longer parole period.

Jurisdiction
Australia
Judgment Date
21 November 2022
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas
Outcome
Aggregate sentence of imprisonment for 3 years with a non-parole period of 1 year 9 months.
Legal Topics
['supplying Less Than the Commercial Quantity of Prohibited Drug' 'knowingly Dealing With Proceeds of Crime' 'participating in a Criminal Group' 'early Guilty Plea Discount' 'form 1 Matters' 'parity' 'totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['supplying Less Than the Commercial Quantity of Prohibited Drug' 'knowingly Dealing With Proceeds of Crime' 'participating in a Criminal Group' 'early Guilty Plea Discount' 'form 1 Matters' 'parity' 'totality' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for two drug supply offences, knowingly dealing with proceeds of crime, and participating in a criminal group.' "How the offender's early guilty pleas should be reflected in the sentence." 'How to assess objective seriousness where the offender was not charged with ongoing drug supply and had a limited role in the physical supply but participated in a street-level drug supply group.' 'How to take into account Form 1 matters, prior similar offending, parity with co-offenders, totality, and special circumstances.']

Ratio Decidendi

An aggregate full-time custodial sentence was required because the offender participated in a street-level drug supply criminal group, intended that methylamphetamine and heroin be supplied for profit, dealt with proceeds of crime, had prior similar drug supply convictions, and required personal deterrence and community protection. The sentence was moderated by her early guilty pleas, relatively limited role in the physical drug purchase, the street-level scale of the operation, parity considerations, totality, guarded prospects of rehabilitation, and special circumstances supporting a longer parole period.

Court Disposition

Aggregate sentence of imprisonment for 3 years with a non-parole period of 1 year 9 months.

Orders

  • ['The indicated sentences take into account the early plea of guilty.' 'Supplying Less than the Commercial Quantity of Drug: indicated sentence of 18 months.' 'Supplying Less than the Commercial quantity of Drug: indicated sentence of 18 months.' 'Knowingly Deal with the Proceeds of Crime: indicated sentence of 9...