R v Wright [2021] NSWDC 582

R v Wright [2021] NSWDC 582

The offences were objectively serious and crossed the threshold for imprisonment. Count 1 fell within the mid-range because the offender possessed 1907.5 grams of high-purity MDMA, nearly four times the large commercial quantity, with drug supply indicia and an admitted preparedness to repackage the drugs. The proceeds offence was also serious because $187,500, almost twice the statutory threshold, was connected to the drug enterprise. The offender's ADHD and mental health issues did not reduce moral culpability or significantly affect general deterrence because no causal connection with the offending was accepted, but his physical health issues, COVID-19 custodial hardship, remorse,...

Jurisdiction
Australia
Judgment Date
28 October 2021
Procedural Posture
Criminal Sentence / Sentencing After Pleas of Guilty, With Form 1 Matters Taken Into Account
Outcome
Full-time custodial sentence imposed; offender convicted and sentenced to an aggregate term of five years imprisonment with a non-parole period of two years and six months.
Legal Topics
['supply Large Commercial Quantity of a Prohibited Drug' 'mdma' 'deal With Property Proceeds of Crime Greater Than $100, 000' 'supply Prohibited Drug' 'cocaine' 'steal Property in Dwelling House' 'aggregate Sentence' 'special Circumstances' 'covid 19 Custodial Hardship']
['criminal Law' 'sentencing'] ['supply Large Commercial Quantity of a Prohibited Drug' 'mdma' 'deal With Property Proceeds of Crime Greater Than $100,000' 'supply Prohibited Drug' 'cocaine' 'steal Property in Dwelling House' 'aggregate Sentence' 'special Circumstances' 'covid 19 Custodial Hardship']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Pleas of Guilty, With Form 1 Matters Taken Into Account

Legal Issues

  1. 1 ['Assessment of the objective seriousness of supplying 1907.5 grams of MDMA pursuant to s 25(2) of the Drug Misuse and Trafficking Act 1985' 'Assessment of the objective seriousness of dealing with property proceeds of crime greater than $100,000 pursuant to s 193C(1) of the Crimes Act 1900' "Whether the offender's ADHD, drug addiction, remorse, rehabilitation, physical health issues and COVID-19 custodial conditions mitigated sentence" 'Whether a full-time custodial sentence and an aggregate sentence were warranted' 'Whether special circumstances were established under s 44(2) of the Crimes (Sentencing Procedure) Act 1999']

Ratio Decidendi

The offences were objectively serious and crossed the threshold for imprisonment. Count 1 fell within the mid-range because the offender possessed 1907.5 grams of high-purity MDMA, nearly four times the large commercial quantity, with drug supply indicia and an admitted preparedness to repackage the drugs. The proceeds offence was also serious because $187,500, almost twice the statutory threshold, was connected to the drug enterprise. The offender's ADHD and mental health issues did not reduce moral culpability or significantly affect general deterrence because no causal connection with the offending was accepted, but his physical health issues, COVID-19 custodial hardship, remorse,...

Court Disposition

Full-time custodial sentence imposed; offender convicted and sentenced to an aggregate term of five years imprisonment with a non-parole period of two years and six months.

Orders

  • ['The offender is convicted of Count 1 – supply large commercial quantity of prohibited drug, being 1907.5 g of methylenedioxy-methylamphetamine (MDMA) pursuant to s 25(2) of the Drug Misuse and Trafficking Act 1985.' 'The offender is convicted of Sequence 2 – deal with property proceeds of crime greater than...