R v Bilir [2020] NSWDC 491

R v Bilir [2020] NSWDC 491

The offence required full-time imprisonment because the offender possessed a very significant quantity of high-purity cocaine for supply and was trusted with drugs and large amounts of money in a role above street supplier level, although the offending was below the mid-range of objective seriousness and the evidence did not show a role more serious than courier or storeman. After taking into account the Form 1 matter, deterrence, the offender's early guilty plea, further discount under s 23, remorse, relatively good record, low risk of reoffending, good rehabilitation prospects, drug addiction and financial hardship, COVID-19 custodial hardship and special circumstances, the appropriate...

Jurisdiction
Australia
Judgment Date
25 May 2020
Procedural Posture
Criminal Sentencing / Sentence After Plea of Guilty
Outcome
Offender convicted and sentenced to imprisonment for 4 years and 8 months, with a non-parole period of 2 years and 8 months; special circumstances found.
Legal Topics
['supply of Cocaine Exceeding Large Commercial Quantity' 'form 1 Offence' 'drug Offending' 'mitigating Factors' 'remorse' 'plea of Guilty' 'deterrence' 'special Circumstances' 'covid 19 Custodial Hardship']
['criminal Law' 'sentencing'] ['supply of Cocaine Exceeding Large Commercial Quantity' 'form 1 Offence' 'drug Offending' 'mitigating Factors' 'remorse' 'plea of Guilty' 'deterrence' 'special Circumstances' 'covid 19 Custodial Hardship']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 2,001 grams of cocaine exceeding the large commercial quantity under s 25(2) of the Drug Misuse and Trafficking Act 1985.' 'How the Form 1 offence of dealing with money reasonably suspected of being proceeds of crime should be taken into account.' 'What weight should be given to the early guilty plea, assistance reflected in a confidential affidavit, remorse, rehabilitation prospects, drug addiction, financial hardship, and COVID-19 custodial conditions.' 'Whether special circumstances should be found.']

Ratio Decidendi

The offence required full-time imprisonment because the offender possessed a very significant quantity of high-purity cocaine for supply and was trusted with drugs and large amounts of money in a role above street supplier level, although the offending was below the mid-range of objective seriousness and the evidence did not show a role more serious than courier or storeman. After taking into account the Form 1 matter, deterrence, the offender's early guilty plea, further discount under s 23, remorse, relatively good record, low risk of reoffending, good rehabilitation prospects, drug addiction and financial hardship, COVID-19 custodial hardship and special circumstances, the appropriate...

Court Disposition

Offender convicted and sentenced to imprisonment for 4 years and 8 months, with a non-parole period of 2 years and 8 months; special circumstances found.

Orders

  • ['The offender is convicted of the offence.' 'Taking into account the Form 1 matter, a sentence of imprisonment of 4 years, 8 months is imposed, to commence on 11 March 2019.' 'A non-parole period of 2 years, 8 months is imposed, expiring on 10 November 2021.' 'Special circumstances are found.']