R v Lin [2018] NSWDC 286

R v Lin [2018] NSWDC 286

Although the quantity of methylamphetamine was close to the large commercial quantity threshold and the offence was part of organised criminal activity, the Crown could not prove that the offender's role exceeded that of a delivery man. The offending was therefore below the middle range of objective seriousness but still required full-time imprisonment. A 10% utilitarian discount was appropriate because the plea was entered after committal for trial, after the matter was listed for trial and after some days were spent on legal issues. The sentence also had to reflect totality and partial accumulation with the existing sentence for a later offence, while accounting for the offender's...

Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty
Outcome
The offender was convicted and sentenced to full-time imprisonment.
Legal Topics
['supply of a Prohibited Drug' 'methylamphetamine' 'commercial Quantity' 'utilitarian Discount for Plea of Guilty' 'objective Seriousness' 'organised Criminal Activity' 'parity and Equal Justice' 'totality' 'accumulation' 'drug Dependency' 'language Difficulties']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of a Prohibited Drug' 'methylamphetamine' 'commercial Quantity' 'utilitarian Discount for Plea of Guilty' 'objective Seriousness' 'organised Criminal Activity' 'parity and Equal Justice' 'totality' 'accumulation' 'drug Dependency' 'language Difficulties']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 999.67 grams of methylamphetamine, being not less than the commercial quantity applicable to that prohibited drug.' 'What discount should be allowed for the utilitarian benefit of the plea of guilty entered after the matter had been listed for trial and after legal issues had been ventilated.' "How the offender's role as a delivery man affected the objective seriousness of the offending." 'Whether the offence was part of organised criminal activity for the purposes of s.21A(1)(n) of the Crimes (Sentencing Procedure) Act 1999.' 'What regard should be had to sentences imposed on related offenders and to principles of parity or equal justice.' 'How the totality principle and partial accumulation should operate given the offender had already been sentenced for a later offence.' "Whether the offender's drug dependency, psychological presentation and limited English made custody more onerous or affected mitigation."]

Ratio Decidendi

Although the quantity of methylamphetamine was close to the large commercial quantity threshold and the offence was part of organised criminal activity, the Crown could not prove that the offender's role exceeded that of a delivery man. The offending was therefore below the middle range of objective seriousness but still required full-time imprisonment. A 10% utilitarian discount was appropriate because the plea was entered after committal for trial, after the matter was listed for trial and after some days were spent on legal issues. The sentence also had to reflect totality and partial accumulation with the existing sentence for a later offence, while accounting for the offender's...

Court Disposition

The offender was convicted and sentenced to full-time imprisonment.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to a non-parole period of two years imprisonment to commence on 13 March 2017 and to expire on 12 March 2019.' 'The balance of the sentence is two years six months imprisonment, expiring on 12 September 2021.' 'The Court found special circumstances, including...