R v Markee [2018] NSWDC 429

R v Markee [2018] NSWDC 429

Because the offender pleaded guilty early, had a limited prior record, was effectively of good character, had a disadvantaged background and mental health issues, had the lowest role among the participants, was not aware of the full quantity of drugs in the apartment, and had support and treatment needs justifying special circumstances, but the supply offences still required imprisonment, the Court imposed an aggregate sentence of 3 years with a non-parole period of 1 year and 6 months, after a 25% discount for the plea.

Jurisdiction
Australia
Judgment Date
28 November 2018
Procedural Posture
Criminal Sentencing / Sentence After Early Guilty Plea
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of 3 years with a non-parole period of 1 year and 6 months; special circumstances found.
Legal Topics
['supply Prohibited Drug' 'methylamphetamine' 'form 1 Offence' 'knowingly Participate in a Criminal Group' 'special Circumstances' 'non Parole Period' 'utilitarian Discount for Guilty Plea']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'methylamphetamine' 'form 1 Offence' 'knowingly Participate in a Criminal Group' 'special Circumstances' 'non Parole Period' 'utilitarian Discount for Guilty Plea']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Early Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for two offences of supplying methylamphetamine, with a Form 1 offence of knowingly participating in a criminal group taken into account.' 'Whether a term of imprisonment was required by the subjective and objective circumstances.' 'Whether the offender should receive a 25% discount for the utilitarian value of the plea.' 'Whether special circumstances should be found.' "The offender's role and the objective seriousness of the offending."]

Ratio Decidendi

Because the offender pleaded guilty early, had a limited prior record, was effectively of good character, had a disadvantaged background and mental health issues, had the lowest role among the participants, was not aware of the full quantity of drugs in the apartment, and had support and treatment needs justifying special circumstances, but the supply offences still required imprisonment, the Court imposed an aggregate sentence of 3 years with a non-parole period of 1 year and 6 months, after a 25% discount for the plea.

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of 3 years with a non-parole period of 1 year and 6 months; special circumstances found.

Orders

  • ['The offender is convicted of each offence.' 'An aggregate sentence of imprisonment of 3 years is imposed, to commence on 14 June 2017 and expire on 13 June 2020.' 'A non-parole period of 1 year, 6 months is imposed, expiring on 13 December 2018, with the offender eligible for release to parole on that date.'...