R v Song [2024] NSWDC 324

R v Song [2024] NSWDC 324

The offender's conduct involved possession of nearly 1.5 kilograms of 78% pure methylamphetamine, physical supply of one bag to his co-accused for later on-supply, and travel from Sydney to Newcastle with two further bags for intended supply. The court rejected the submission that the offending was established as a one-off and found objective seriousness within a broadly conceived mid-range, toward the lower end. Significant aggravating factors included prior similar Commonwealth drug offending, commission while on parole, offending in company, planned or organised criminal activity and financial gain. The court was not satisfied that remorse was genuine, regarded rehabilitation prospects...

Jurisdiction
Australia
Judgment Date
05 July 2024
Procedural Posture
Criminal Sentencing for Supply of Not Less Than a Large Commercial Quantity of Methylamphetamine, With Two Form 1 Offences Taken Into Account / Sentence After Early Plea of Guilty
Outcome
Kevin Song was convicted and sentenced to an overall effective head sentence of 7 years and 6 months with a non-parole period of 4 years and 6 months.
Legal Topics
['supply of Prohibited Drug' 'large Commercial Quantity of Methylamphetamine' 'commercial Quantity of Methylamphetamine' 'form 1 Offences' 'possession of Property Suspected to Be Proceeds of Crime' 'aggravating Factors' 'conditional Liberty' 'prior Convictions' 'remorse' 'specific Deterrence' 'general Deterrence' 'special Circumstances' 'backdating Sentence']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Prohibited Drug' 'large Commercial Quantity of Methylamphetamine' 'commercial Quantity of Methylamphetamine' 'form 1 Offences' 'possession of Property Suspected to Be Proceeds of Crime' 'aggravating Factors' 'conditional Liberty' 'prior Convictions' 'remorse' 'specific Deterrence' 'general Deterrence' 'special Circumstances' 'backdating Sentence']

Case Brief

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Procedural Posture

Criminal Sentencing for Supply of Not Less Than a Large Commercial Quantity of Methylamphetamine, With Two Form 1 Offences Taken Into Account / Sentence After Early Plea of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's supply of not less than a large commercial quantity of methylamphetamine contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW)." 'How the two Form 1 matters should affect the sentence: supply of a commercial quantity of methylamphetamine and possession of $41,500 suspected to be proceeds of crime.' 'Whether the offending was a one-off and whether the objective seriousness fell below the mid-range.' 'What weight should be given to aggravating factors, including prior similar offending, offending while on parole, offending in company, planned or organised criminal activity, and financial gain.' "Whether the offender's expressions of remorse, rehabilitation prospects, subjective circumstances, and asserted substance use or personality issues reduced moral culpability or warranted leniency." 'Whether special circumstances justified variation of the statutory ratio and how the sentence should be backdated in light of revocation of Commonwealth parole.']

Ratio Decidendi

The offender's conduct involved possession of nearly 1.5 kilograms of 78% pure methylamphetamine, physical supply of one bag to his co-accused for later on-supply, and travel from Sydney to Newcastle with two further bags for intended supply. The court rejected the submission that the offending was established as a one-off and found objective seriousness within a broadly conceived mid-range, toward the lower end. Significant aggravating factors included prior similar Commonwealth drug offending, commission while on parole, offending in company, planned or organised criminal activity and financial gain. The court was not satisfied that remorse was genuine, regarded rehabilitation prospects...

Court Disposition

Kevin Song was convicted and sentenced to an overall effective head sentence of 7 years and 6 months with a non-parole period of 4 years and 6 months.

Orders

  • ['Kevin Song, you are convicted.' 'You are sentenced to a non-parole period of 4 years and 6 months which will commence on 29 October 2023 and expire on 28 April 2028 at which time you will become eligible for release.' 'I find special circumstances. The additional term of 3 years will expire on 28 April 2031.' 'The...