R v Cole; R v Jattan [2021] NSWDC 714

R v Cole; R v Jattan [2021] NSWDC 714

Both offenders knowingly participated at broadly equivalent levels in a planned drug supply operation involving 1.542 kilograms of methylamphetamine obtained from Sydney for supply in the Grafton area, with related firearm offending and Form 1 matters. The seriousness of commercial drug supply, the organised nature of the offending, offending in company, prior records and conditional liberty required full-time imprisonment. After allowing a 25% discount for guilty pleas and giving weight to disadvantage, drug addiction, mental health, remorse, rehabilitation prospects, parity and special circumstances, identical aggregate sentences of 5 years and 10 months with non-parole periods of 3...

Jurisdiction
Australia
Judgment Date
19 August 2021
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty
Outcome
Peter Cole and James Jattan were each convicted and sentenced to an aggregate term of imprisonment of 5 years and 10 months with a non-parole period of 3 years and 4 months.
Legal Topics
['supply of Prohibited Drug Not Less Than Commercial Quantity' 'firearms Offences' 'form 1 Offences' 'planned or Organised Criminal Activity' 'offending in Company' 'breach of Conditional Liberty' 'aboriginal Offenders' 'drug Addiction' 'special Circumstances' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['supply of Prohibited Drug Not Less Than Commercial Quantity' 'firearms Offences' 'form 1 Offences' 'planned or Organised Criminal Activity' 'offending in Company' 'breach of Conditional Liberty' 'aboriginal Offenders' 'drug Addiction' 'special Circumstances' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed on Peter Cole and James Jattan for serious drug supply and firearm offences arising from a common episode of criminality.' 'Whether the offending was part of planned or organised criminal activity and committed in company while the offenders were on conditional liberty.' "How the offenders' subjective circumstances, including disadvantage, drug addiction, mental health, remorse, rehabilitation prospects and guilty pleas, should affect sentence." 'Whether special circumstances should be found to allow an extended period of supervision on parole.' 'Whether parity considerations affected the sentences imposed on the two co-offenders.']

Ratio Decidendi

Both offenders knowingly participated at broadly equivalent levels in a planned drug supply operation involving 1.542 kilograms of methylamphetamine obtained from Sydney for supply in the Grafton area, with related firearm offending and Form 1 matters. The seriousness of commercial drug supply, the organised nature of the offending, offending in company, prior records and conditional liberty required full-time imprisonment. After allowing a 25% discount for guilty pleas and giving weight to disadvantage, drug addiction, mental health, remorse, rehabilitation prospects, parity and special circumstances, identical aggregate sentences of 5 years and 10 months with non-parole periods of 3...

Court Disposition

Peter Cole and James Jattan were each convicted and sentenced to an aggregate term of imprisonment of 5 years and 10 months with a non-parole period of 3 years and 4 months.

Orders

  • ['Cole: The offender is convicted of each offence.' 'Cole: Taking into account a discount of 25% for the plea(s) of guilty, the indicative sentence for Count 1, taking into account the Form 1 matters (sequences 2, 4, 6, 7 & 8), is 5 years, 6 months.' 'Cole: Taking into account a discount of 25% for the plea(s) of...