R v Lee [2014] NSWDC 52

R v Lee [2014] NSWDC 52

The offender's sustained, financially motivated drug supply operation from his home, involving cannabis and methylamphetamine, numerous customers, children exposed to the offending, proceeds of crime, and a shortened firearm kept for protection of himself, his family and drugs, was objectively very serious and required a lengthy custodial sentence. Totality and limited special circumstances justified some concurrency and a modest enlargement of the parole period, resulting in an effective overall non-parole period of 6 years and head sentence of 9 years.

Jurisdiction
Australia
Judgment Date
21 March 2014
Procedural Posture
Criminal Sentence / Sentence
Outcome
Sentenced to imprisonment consisting of an effective overall non-parole period of 6 years and a head sentence of 9 years; money forfeited to the Crown; drugs, drug paraphernalia, firearms and ammunition forfeited and destroyed.
Legal Topics
['supply Prohibited Drug' 'cannabis' 'methylamphetamine' 'conducting Drug Premises' 'receiving' 'firearms Offences' 'proceeds of Crime' 'form 1' 's 166 Certificate' 'special Circumstances' 'totality']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'cannabis' 'methylamphetamine' 'conducting Drug Premises' 'receiving' 'firearms Offences' 'proceeds of Crime' 'form 1' 's 166 Certificate' 'special Circumstances' 'totality']

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Procedural Posture

Criminal Sentence / Sentence

Legal Issues

  1. 1 ['What sentences should be imposed for ongoing supply of methylamphetamine, supply of methylamphetamine, supply of cannabis, possessing an unauthorised prohibited firearm, knowingly dealing with the proceeds of crime, conducting drug premises and shortening a firearm.' 'Whether Form 1 matters and matters on a s 166 certificate should be taken into account in sentencing.' "Whether the offender's conduct involving drug supply from his home while his children were present aggravated the offending." 'Whether special circumstances justified varying the ratio between the non-parole period and the head sentence.' 'How the principle of totality should apply to closely interrelated offences.']

Ratio Decidendi

The offender's sustained, financially motivated drug supply operation from his home, involving cannabis and methylamphetamine, numerous customers, children exposed to the offending, proceeds of crime, and a shortened firearm kept for protection of himself, his family and drugs, was objectively very serious and required a lengthy custodial sentence. Totality and limited special circumstances justified some concurrency and a modest enlargement of the parole period, resulting in an effective overall non-parole period of 6 years and head sentence of 9 years.

Court Disposition

Sentenced to imprisonment consisting of an effective overall non-parole period of 6 years and a head sentence of 9 years; money forfeited to the Crown; drugs, drug paraphernalia, firearms and ammunition forfeited and destroyed.

Orders

  • ['For conducting drug premises on the s 166 certificate, a fixed term of imprisonment of 6 months dating from 20 December 2012.' 'For shortening the firearm on the s 166 certificate, a fixed term of imprisonment of 1 year dating from 20 December 2012.' 'For supplying methylamphetamine, a fixed term of imprisonment...