R v Veidre [2020] NSWDC 839

R v Veidre [2020] NSWDC 839

The offender's drug offences involved substantial quantities of methylamphetamine and MDMA, and although his role was accepted as warehousing for others for no more than two days and there was no actual supply, that role remained crucial and required strong personal and general deterrence. The drug offences were above the lowest range but below the middle range of objective seriousness, and full-time imprisonment was the only appropriate penalty for them. The firearm offence, involving an inoperative airgun, was of low objective seriousness and did not cross the s 5 imprisonment threshold. An aggregate sentence of three years or less and an Intensive Correction Order would be inadequate;...

Jurisdiction
Australia
Judgment Date
16 October 2020
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 5 years with a non-parole period of 3 years; special circumstances found; unauthorised firearm offence dealt with by s 10A conviction with no other penalty; sequences 4, 9 and 11 withdrawn and dismissed.
Legal Topics
['supply Large Commercial Quantity Methylamphetamine' 'supply Commercial Quantity Mdma' 'unauthorised Possession of a Firearm' 'form 1 Offences' 'aggregate Sentence' 'special Circumstances']
['criminal Law' 'sentencing'] ['supply Large Commercial Quantity Methylamphetamine' 'supply Commercial Quantity Mdma' 'unauthorised Possession of a Firearm' 'form 1 Offences' 'aggregate Sentence' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for deemed supply of a large commercial quantity of methylamphetamine, taking Form 1 matters into account.' 'What sentence should be imposed for deemed supply of a commercial quantity of MDMA.' 'Whether the unauthorised possession of an inoperative airgun warranted full-time imprisonment or another penalty.' 'Whether an aggregate sentence of three years or less to be served by Intensive Correction Order would be adequate.' 'Whether special circumstances justified adjustment of the ordinary ratio between the non-parole period and head sentence.']

Ratio Decidendi

The offender's drug offences involved substantial quantities of methylamphetamine and MDMA, and although his role was accepted as warehousing for others for no more than two days and there was no actual supply, that role remained crucial and required strong personal and general deterrence. The drug offences were above the lowest range but below the middle range of objective seriousness, and full-time imprisonment was the only appropriate penalty for them. The firearm offence, involving an inoperative airgun, was of low objective seriousness and did not cross the s 5 imprisonment threshold. An aggregate sentence of three years or less and an Intensive Correction Order would be inadequate;...

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 5 years with a non-parole period of 3 years; special circumstances found; unauthorised firearm offence dealt with by s 10A conviction with no other penalty; sequences 4, 9 and 11 withdrawn and dismissed.

Orders

  • ['The offender is convicted of all three offences.' 'For sequence 10, unauthorised possession of a firearm, pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999 a conviction is imposed with no other penalty.' 'For sequence 1 and sequence 2, an aggregate sentence of 5 years imprisonment with a non-parole...