R v Wu [2021] NSWDC 634

R v Wu [2021] NSWDC 634

The offender's early guilty plea warranted a 25% discount, and her remorse, rehabilitation prospects, difficult family background and onerous COVID-19 custodial conditions mitigated sentence. However, full-time custody was required because she knowingly acted as a runner in a substantial cocaine supply syndicate, supplied a commercial quantity comprising not less than 416 bags, assisted the operation, had prior similar offending, and the offence fell towards the mid-range of objective seriousness. Special circumstances were found because she needed an extended period of supervision and this was in effect her first period of full-time imprisonment.

Jurisdiction
Australia
Judgment Date
05 October 2021
Procedural Posture
Criminal Sentencing / Sentence Following Plea of Guilty
Outcome
Offender convicted and sentenced to imprisonment for four years with a non-parole period of two years and one month.
Legal Topics
['supply of a Commercial Quantity of a Prohibited Drug' 'plea of Guilty' 'rehabilitation' 'remorse' 'drug Addiction' 'specific Deterrence' 'general Deterrence' 'objective Seriousness' 'special Circumstances' 'covid 19 Custodial Conditions']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of a Commercial Quantity of a Prohibited Drug' 'plea of Guilty' 'rehabilitation' 'remorse' 'drug Addiction' 'specific Deterrence' 'general Deterrence' 'objective Seriousness' 'special Circumstances' 'covid 19 Custodial Conditions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for supplying a commercial quantity of cocaine contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985.' "How the offender's role as a runner in a cocaine supply syndicate affected the objective seriousness of the offence." 'What weight should be given to the early guilty plea, remorse, rehabilitation prospects, prior similar offending, drug use, difficult family background, and COVID-19 custodial conditions.' 'Whether special circumstances justified an extended period of supervision.']

Ratio Decidendi

The offender's early guilty plea warranted a 25% discount, and her remorse, rehabilitation prospects, difficult family background and onerous COVID-19 custodial conditions mitigated sentence. However, full-time custody was required because she knowingly acted as a runner in a substantial cocaine supply syndicate, supplied a commercial quantity comprising not less than 416 bags, assisted the operation, had prior similar offending, and the offence fell towards the mid-range of objective seriousness. Special circumstances were found because she needed an extended period of supervision and this was in effect her first period of full-time imprisonment.

Court Disposition

Offender convicted and sentenced to imprisonment for four years with a non-parole period of two years and one month.

Orders

  • ['The offender is convicted of the offence.' 'Taking into account the 25% discount for the plea of guilty, a sentence of four years is imposed, commencing 5 November 2019.' 'A non-parole period of two years and one month is imposed, expiring 4 December 2021.' 'Special circumstances are found on the basis that there...