R v Skelly [2021] NSWDC 205

R v Skelly [2021] NSWDC 205

The court accepted beyond reasonable doubt the signed agreed facts and corroborating evidence of Hall and Smith, rejected the offender's later account, and found that he organised and profited from 16 commercial cannabis supply transactions totalling 24 kilograms. Given the seriousness, profit motive, prior drug supply conviction, need for deterrence, parity considerations, and erosion of the guilty plea's utilitarian value by the unsuccessful factual dispute, only a full-time custodial sentence was appropriate and the discount was reduced to 20%. On the proceeds evidence, the offender's net benefit was assessed at about $26,000 and a drug proceeds order in that amount was required.

Jurisdiction
Australia
Judgment Date
27 May 2021
Procedural Posture
Sentence for Supply of Prohibited Drug and Proceeds of Crime Order / Sentencing After Guilty Plea in the Local Court; Factual Dispute Resolved; Drug Proceeds Order Determined
Outcome
The offender was sentenced to full-time imprisonment for 2 years 9 months with a non-parole period of 1 year 9 months, and a drug proceeds order of $26,000 was made.
Legal Topics
['supply Prohibited Drug' 'cannabis Supply' 'rolled Up Supply Quantities' 'early Guilty Plea Discount' 'contested Facts on Sentence' 'parity Between Co Offenders' 'intensive Correction Order Availability' 'drug Proceeds Order']
['criminal Law' 'sentencing' 'proceeds of Crime' 'drug Offences'] ['supply Prohibited Drug' 'cannabis Supply' 'rolled Up Supply Quantities' 'early Guilty Plea Discount' 'contested Facts on Sentence' 'parity Between Co Offenders' 'intensive Correction Order Availability' 'drug Proceeds Order']

Case Brief

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Procedural Posture

Sentence for Supply of Prohibited Drug and Proceeds of Crime Order / Sentencing After Guilty Plea in the Local Court; Factual Dispute Resolved; Drug Proceeds Order Determined

Legal Issues

  1. 1 ['Whether the offender should be sentenced on the signed agreed facts or on his later account minimising his role in the cannabis supply operation.' 'What objective seriousness and role should be attributed to the offender in supplying 24 kilograms of cannabis over 16 transactions.' "Whether the offender's early guilty plea discount should be reduced because the utilitarian value of the plea was eroded by an unsuccessful factual dispute." 'Whether parity with co-offenders Redman and Hall required a particular sentence outcome.' 'Whether the sentence could be served by Intensive Correction Order or required full-time custody.' 'What amount, if any, should be ordered as a drug proceeds order under the Confiscation of Proceeds of Crime Act 1989.']

Ratio Decidendi

The court accepted beyond reasonable doubt the signed agreed facts and corroborating evidence of Hall and Smith, rejected the offender's later account, and found that he organised and profited from 16 commercial cannabis supply transactions totalling 24 kilograms. Given the seriousness, profit motive, prior drug supply conviction, need for deterrence, parity considerations, and erosion of the guilty plea's utilitarian value by the unsuccessful factual dispute, only a full-time custodial sentence was appropriate and the discount was reduced to 20%. On the proceeds evidence, the offender's net benefit was assessed at about $26,000 and a drug proceeds order in that amount was required.

Court Disposition

The offender was sentenced to full-time imprisonment for 2 years 9 months with a non-parole period of 1 year 9 months, and a drug proceeds order of $26,000 was made.

Orders

  • ['The original term of the sentence was 3 years 6 months; after applying a 20% discount the term of the sentence is 2 years 9 months.' 'A non-parole period of 1 year 9 months commences on 27 May 2021 and expires on 26 February 2023.' 'A parole period of 1 year commences upon expiration of the non-parole period and...