R v Flowers [2019] NSWDC 830

R v Flowers [2019] NSWDC 830

The repeated supply of large quantities of very high purity cocaine over several months, including a commercial quantity offence and Form 1 matters involving further supplies and proceeds of crime, required a substantial custodial sentence. The commercial quantity offence was just below the middle range of objective seriousness. After allowing for the 25% guilty plea discount, the offender's health condition and more onerous custody, remorse, good character, prospects of rehabilitation, need for supervision, prior drug history, financial motivation, deterrence, punishment, denunciation, totality and special circumstances, an aggregate sentence of 7 years 6 months with a 4 year non-parole...

Jurisdiction
Australia
Judgment Date
29 March 2019
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas After Committal for Sentence From the Local Court
Outcome
Aggregate sentence imposed; forfeiture and drug destruction orders made.
Legal Topics
['supply of Prohibited Drug' 'cocaine' 'commercial Quantity' 'indictable Quantity' 'form 1 Offences' 'proceeds of Crime' 'aggregate Sentence' 'non Parole Period' 'special Circumstances' 'forfeiture Order' 'drug Destruction Order']
['criminal Law' 'sentencing'] ['supply of Prohibited Drug' 'cocaine' 'commercial Quantity' 'indictable Quantity' 'form 1 Offences' 'proceeds of Crime' 'aggregate Sentence' 'non Parole Period' 'special Circumstances' 'forfeiture Order' 'drug Destruction Order']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas After Committal for Sentence From the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for three cocaine supply offences, including one commercial quantity offence, with three Form 1 offences taken into account.' 'Whether the commercial quantity supply offence was in the middle range of objective seriousness for the purposes of the standard non-parole period.' "What weight should be given to the offender's guilty pleas, prior drug convictions, drug use, health condition, mental health evidence, prospects of rehabilitation, remorse and time in custody." 'Whether special circumstances justified a longer period of supervision on parole.' 'How totality should be addressed for multiple offences and Form 1 matters.']

Ratio Decidendi

The repeated supply of large quantities of very high purity cocaine over several months, including a commercial quantity offence and Form 1 matters involving further supplies and proceeds of crime, required a substantial custodial sentence. The commercial quantity offence was just below the middle range of objective seriousness. After allowing for the 25% guilty plea discount, the offender's health condition and more onerous custody, remorse, good character, prospects of rehabilitation, need for supervision, prior drug history, financial motivation, deterrence, punishment, denunciation, totality and special circumstances, an aggregate sentence of 7 years 6 months with a 4 year non-parole...

Court Disposition

Aggregate sentence imposed; forfeiture and drug destruction orders made.

Orders

  • ['Pursuant to s 53A Crimes (Sentencing Procedure) Act 1999, aggregate sentence of seven years six months imprisonment commencing on 14 September 2017 and expiring on 13 March 2025.' 'Non-parole period of four years expiring on 13 September 2021.' 'Indicative sentence for sequence 5, taking into account Form 1...