R v STACEY [2010] NSWDC 151

R v STACEY [2010] NSWDC 151

The offender's supply and possession for supply of at least 900 MDMA tablets, with a total weight in the order of 240 grams and approaching twice the commercial quantity, was very serious conduct requiring significant punishment. Although his guilty plea, youth, lack of priors, ADD, prospects of rehabilitation, and possible protection custody conditions mitigated sentence and amounted to special circumstances, they did not justify limiting punishment to time already served. An effective non-parole period of two years and total sentence of four years was required.

Jurisdiction
Australia
Judgment Date
02 June 2010
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea in the Local Court
Outcome
Effective sentence consisting of a non-parole period of two years with a total sentence of four years; eligible for release to parole on 5 August 2011.
Legal Topics
['supply of Mdma' 'ongoing Supply' 'dealing With Proceeds of Crime' 'possession of Prohibited Drug' 'guilty Plea Discount' 'special Circumstances']
['criminal Law' 'sentencing' 'drug Offences' 'proceeds of Crime'] ['supply of Mdma' 'ongoing Supply' 'dealing With Proceeds of Crime' 'possession of Prohibited Drug' 'guilty Plea Discount' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for supply, ongoing supply, dealing with proceeds of crime, and possession of prohibited drug offences.' "Whether the offender's youth, lack of prior convictions, guilty plea, ADD, prospects of rehabilitation, and possible protection custody conditions mitigated the sentence." "Whether ten months in custody was sufficient punishment for the offender's conduct."]

Ratio Decidendi

The offender's supply and possession for supply of at least 900 MDMA tablets, with a total weight in the order of 240 grams and approaching twice the commercial quantity, was very serious conduct requiring significant punishment. Although his guilty plea, youth, lack of priors, ADD, prospects of rehabilitation, and possible protection custody conditions mitigated sentence and amounted to special circumstances, they did not justify limiting punishment to time already served. An effective non-parole period of two years and total sentence of four years was required.

Court Disposition

Effective sentence consisting of a non-parole period of two years with a total sentence of four years; eligible for release to parole on 5 August 2011.

Orders

  • ['For the offences of supply on 25 June 2009 and supply on 6 August 2009, fixed terms of imprisonment of eighteen months in each case commencing on 6 August 2009.' 'For the offence of ongoing supply, a non-parole period of one year commencing on 6 August 2010 and expiring on 5 August 2011, with a head sentence of...