R v Chang [2014] NSWDC 297

R v Chang [2014] NSWDC 297

The court was satisfied beyond reasonable doubt that Chang intended to supply a commercial quantity of heroin on the basis of recorded conversations and the surrounding circumstances. Committing the offence while on bail was an aggravating factor. The sentence was reduced by 25% for an early guilty plea, and special circumstances justified a slightly reduced non-parole period.

Jurisdiction
Australia
Judgment Date
03 October 2014
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to an aggregate term of imprisonment of 4 years and 6 months, with a non-parole period of 3 years.
Legal Topics
['supply of Prohibited Drugs' 'sentencing' 'drug Offences' 'aggregate Sentencing' 'aggravating Factors' 'plea of Guilty' 'non Parole Period' 'special Circumstances']
['criminal Law'] ['supply of Prohibited Drugs' 'sentencing' 'drug Offences' 'aggregate Sentencing' 'aggravating Factors' 'plea of Guilty' 'non Parole Period' 'special Circumstances']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether the offender intended to actually supply a commercial quantity of heroin' 'Appropriate sentence for supply of heroin and supply of commercial quantity of heroin' 'Consideration of aggravating and mitigating factors in sentencing']

Ratio Decidendi

The court was satisfied beyond reasonable doubt that Chang intended to supply a commercial quantity of heroin on the basis of recorded conversations and the surrounding circumstances. Committing the offence while on bail was an aggravating factor. The sentence was reduced by 25% for an early guilty plea, and special circumstances justified a slightly reduced non-parole period.

Court Disposition

Sentenced to an aggregate term of imprisonment of 4 years and 6 months, with a non-parole period of 3 years.

Orders

  • ['Aggregate sentence of 4 years and 6 months imprisonment commencing 11 December 2013, non-parole period of 3 years commencing 11 December 2013 and expiring 10 December 2016; balance of 1 year and 6 months to 10 June 2018.' 'Order for the destruction of the 2.44 grams of heroin supplied.']