R v McBride [2019] NSWDC 371

R v McBride [2019] NSWDC 371

The offence was significantly below the mid-range of objective seriousness because the quantity of 340.63 grams was only 90 grams above the commercial quantity threshold and well below the large commercial quantity threshold, although full-time custody was required. Taking into account Mr McBride's limited prior record at arrest, subjective circumstances, prospects of rehabilitation, parity with Mark Hicks, extraordinary delay, stringent bail conditions, time already spent in custody, and defence co-operation, and finding special circumstances, the appropriate sentence was a non-parole period of 2 years and 3 months and a total term of 4 years and 6 months imprisonment.

Jurisdiction
Australia
Judgment Date
21 June 2019
Procedural Posture
Criminal Sentencing for Supply of a Prohibited Drug in a Commercial Quantity / Sentence After Jury Verdict of Guilty
Outcome
Offender convicted and sentenced to imprisonment with a non-parole period of 2 years and 3 months and a total term of 4 years and 6 months.
Legal Topics
['supply Prohibited Drug' 'commercial Quantity of Methylamphetamine' 'objective Seriousness' 'standard Non Parole Period' 'parity' 'delay' 'bail Conditions' 'special Circumstances']
['criminal Law' 'sentencing' 'drug Offences'] ['supply Prohibited Drug' 'commercial Quantity of Methylamphetamine' 'objective Seriousness' 'standard Non Parole Period' 'parity' 'delay' 'bail Conditions' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing for Supply of a Prohibited Drug in a Commercial Quantity / Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for supplying a commercial quantity of methylamphetamine between 1 November 2014 and 10 March 2015.' 'Whether the sentencing judge should find beyond reasonable doubt that the quantity supplied was 340.63 grams.' 'How objective seriousness, subjective circumstances, parity with Mark Hicks, delay, stringent bail conditions, and defence co-operation affected sentence.' 'Whether special circumstances justified a longer parole period.']

Ratio Decidendi

The offence was significantly below the mid-range of objective seriousness because the quantity of 340.63 grams was only 90 grams above the commercial quantity threshold and well below the large commercial quantity threshold, although full-time custody was required. Taking into account Mr McBride's limited prior record at arrest, subjective circumstances, prospects of rehabilitation, parity with Mark Hicks, extraordinary delay, stringent bail conditions, time already spent in custody, and defence co-operation, and finding special circumstances, the appropriate sentence was a non-parole period of 2 years and 3 months and a total term of 4 years and 6 months imprisonment.

Court Disposition

Offender convicted and sentenced to imprisonment with a non-parole period of 2 years and 3 months and a total term of 4 years and 6 months.

Orders

  • ['The offender is convicted of the Count on the indictment.' 'Non-parole period of 2 years and 3 months and total term of 4 years and 6 months imprisonment, both to date from 7 March 2019, back-dated by 18 days.' 'The non-parole period will expire on 6 June 2021, the day the offender will be eligible for release on...