R v Cheong [2021] NSWDC 556

R v Cheong [2021] NSWDC 556

Given the offender's high-level organising role, the very large quantity of methylamphetamine involved, and the absence of substantial remorse or rehabilitation, an immediate custodial sentence well above mid-range is required. Special circumstances and hardship in custody warranted a departure from the statutory ratio, and parity with co-offenders was considered.

Jurisdiction
Australia
Judgment Date
15 October 2021
Procedural Posture
Sentence / Sentencing Decision After Guilty Plea
Outcome
Full-time custodial sentence imposed. Convictions recorded on both counts.
Legal Topics
['supply Prohibited Drug' 'directing Activities of Criminal Group' 'sentencing' 'parity in Sentencing' 'objective Seriousness']
['criminal Law'] ['supply Prohibited Drug' 'directing Activities of Criminal Group' 'sentencing' 'parity in Sentencing' 'objective Seriousness']

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Procedural Posture

Sentence / Sentencing Decision After Guilty Plea

Legal Issues

  1. 1 ['What is the appropriate sentence for supply of a prohibited drug greater than large commercial quantity?' 'What is the appropriate sentence for knowingly directing activities of a criminal group?' 'How should the principles of parity and special circumstances apply to this offender?' "What weight should be given to the delay, utilitarian value of the plea, offender's background and hardship in custody?"]

Ratio Decidendi

Given the offender's high-level organising role, the very large quantity of methylamphetamine involved, and the absence of substantial remorse or rehabilitation, an immediate custodial sentence well above mid-range is required. Special circumstances and hardship in custody warranted a departure from the statutory ratio, and parity with co-offenders was considered.

Court Disposition

Full-time custodial sentence imposed. Convictions recorded on both counts.

Orders

  • ['Offender convicted of Count 1 (supply prohibited drug > large commercial quantity). Sentence: non-parole period 9 years 5 months (commencing 1 December 2015, expiring 30 April 2025). Balance of term: 5 years (expiring 30 April 2030).' 'Offender convicted of Count 2 (knowingly direct criminal group). Sentence: 5...