R v Fennah [2020] NSWDC 234

R v Fennah [2020] NSWDC 234

The court assessed each principal offence as below the midrange of seriousness after considering the drug quantities and high purities, the offender's role in diluting and packaging drugs, the limited evidence of actual supply, the absence of proof that he financed or managed the operation, the seizure of the drugs before dissemination, his Post-Traumatic Stress Disorder and drug addiction impairing his judgment, remorse, cooperation, guilty pleas and rehabilitation prospects. An aggregate sentence was required because the offences were related but involved two different drugs, and special circumstances justified a reduced non-parole period.

Jurisdiction
Australia
Judgment Date
13 March 2020
Procedural Posture
Criminal Sentence for Commercial Drug Supply Offences / Sentencing After Guilty Pleas in the Local Court
Outcome
Sentenced to an aggregate sentence of six years imprisonment with a non-parole period of three years six months imprisonment.
Legal Topics
['supply of Large Commercial Quantity of Mdma' 'supply of Commercial Quantity of Cocaine' 'form 1 Offences' 'objective Seriousness' 'drug Addiction and Mental Health in Sentencing' 'guilty Plea Discount' 'non Parole Period']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Large Commercial Quantity of Mdma' 'supply of Commercial Quantity of Cocaine' 'form 1 Offences' 'objective Seriousness' 'drug Addiction and Mental Health in Sentencing' 'guilty Plea Discount' 'non Parole Period']

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Procedural Posture

Criminal Sentence for Commercial Drug Supply Offences / Sentencing After Guilty Pleas in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for supplying a large commercial quantity of 3,4-MDMA and a commercial quantity of cocaine.' 'How the Form 1 offences should affect the sentence for the MDMA supply offence.' 'Whether the objective seriousness of each offence was below or within the midrange of seriousness.' "What weight should be given to the offender's role, drug addiction, Post-Traumatic Stress Disorder, remorse, rehabilitation prospects and guilty pleas."]

Ratio Decidendi

The court assessed each principal offence as below the midrange of seriousness after considering the drug quantities and high purities, the offender's role in diluting and packaging drugs, the limited evidence of actual supply, the absence of proof that he financed or managed the operation, the seizure of the drugs before dissemination, his Post-Traumatic Stress Disorder and drug addiction impairing his judgment, remorse, cooperation, guilty pleas and rehabilitation prospects. An aggregate sentence was required because the offences were related but involved two different drugs, and special circumstances justified a reduced non-parole period.

Court Disposition

Sentenced to an aggregate sentence of six years imprisonment with a non-parole period of three years six months imprisonment.

Orders

  • ['For sequence 2, supplying a large commercial quantity of MDMA, taking into account the Form 1 matters: five years imprisonment with a non-parole period of three years imprisonment.' 'For sequence 3, supplying a commercial quantity of cocaine: four years imprisonment with a non-parole period of three years...