R v MYERS [2023] NSWDC 445

R v MYERS [2023] NSWDC 445

The offender's supplies of cocaine were serious, repeated and involved significant commercial and large commercial quantities, with additional criminality on the Forms 1. Although his offences were below mid-range rather than low range and required full-time imprisonment, his moral culpability was lessened to a not insignificant extent by his disadvantaged background, genetic vulnerability, substance abuse issues and linked stressors. His guilty pleas, abandonment of a possible ANON legality challenge, surrender, remorse, limited antecedents and promising rehabilitation prospects warranted moderation. Totality required some accumulation within an aggregate sentence, and special...

Jurisdiction
Australia
Judgment Date
23 October 2023
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas in the Local Court
Outcome
The offender was convicted of all three offences and an aggregate sentence of imprisonment was imposed.
Legal Topics
['supply of Cocaine' 'commercial Quantity of Prohibited Drug' 'large Commercial Quantity of Prohibited Drug' 'form 1 Offences' 'objective Seriousness' 'guilty Plea Discount' 'remorse' 'disadvantaged Background' 'general Deterrence' 'personal Deterrence' 'special Circumstances' 'aggregate Sentence']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Cocaine' 'commercial Quantity of Prohibited Drug' 'large Commercial Quantity of Prohibited Drug' 'form 1 Offences' 'objective Seriousness' 'guilty Plea Discount' 'remorse' 'disadvantaged Background' 'general Deterrence' 'personal Deterrence' 'special Circumstances' 'aggregate Sentence']

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for one offence of supplying a large commercial quantity of cocaine and two offences of supplying a commercial quantity of cocaine.' 'How the additional offences on the Forms 1 should be taken into account.' "The objective seriousness of each offence, including the offender's role, the quantities of cocaine, the involvement of others, and dissemination into the community." "The effect of the offender's guilty pleas, remorse, disadvantaged background, substance abuse, ADHD, prospects of rehabilitation, and special circumstances." 'Whether totality required concurrency or accumulation in an aggregate sentence.']

Ratio Decidendi

The offender's supplies of cocaine were serious, repeated and involved significant commercial and large commercial quantities, with additional criminality on the Forms 1. Although his offences were below mid-range rather than low range and required full-time imprisonment, his moral culpability was lessened to a not insignificant extent by his disadvantaged background, genetic vulnerability, substance abuse issues and linked stressors. His guilty pleas, abandonment of a possible ANON legality challenge, surrender, remorse, limited antecedents and promising rehabilitation prospects warranted moderation. Totality required some accumulation within an aggregate sentence, and special...

Court Disposition

The offender was convicted of all three offences and an aggregate sentence of imprisonment was imposed.

Orders

  • ['Sequence 3: Supply commercial quantity of the prohibited drug cocaine, taking into account the further three offences on the Form 1: 4 years and 6 months imprisonment with a non-parole period of 2 years and 8 months, reduced by 25% to recognise the plea.' 'Sequence 10: Supply commercial quantity of the prohibited...