R v Farmani [2019] NSWDC 144

R v Farmani [2019] NSWDC 144

An aggregate sentence of imprisonment was required because the offender knowingly participated as a bag carrier in supplying very large quantities of methyl-amphetamine; although his guilty pleas, prior good character, remorse, addiction, limited role, first time in custody and need for treatment mitigated sentence and justified special circumstances, a sentence of time served would be unduly lenient given the objective seriousness of the offending, the degree of planning and organisation, and the need for deterrence.

Jurisdiction
Australia
Judgment Date
28 February 2019
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas on the First Day of Trial
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of 5 years and 6 months with a non-parole period of 3 years; special circumstances were found.
Legal Topics
['supply Prohibited Drug' 'methylamphetamine' 'guilty Plea' 'remorse' 'special Circumstances' 'parity' 'general and Specific Deterrence']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'methylamphetamine' 'guilty Plea' 'remorse' 'special Circumstances' 'parity' 'general and Specific Deterrence']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas on the First Day of Trial

Legal Issues

  1. 1 ['What sentence should be imposed for two counts of supplying methyl-amphetamine under s 25(2) of the Drug Misuse and Trafficking Act 1995.' "What discount should be allowed for the offender's guilty pleas entered on the first day of trial." 'Whether special circumstances should be found.' "How the offender's role, remorse, prior good character, addiction, parity with co-offenders, and the need for deterrence should affect sentence."]

Ratio Decidendi

An aggregate sentence of imprisonment was required because the offender knowingly participated as a bag carrier in supplying very large quantities of methyl-amphetamine; although his guilty pleas, prior good character, remorse, addiction, limited role, first time in custody and need for treatment mitigated sentence and justified special circumstances, a sentence of time served would be unduly lenient given the objective seriousness of the offending, the degree of planning and organisation, and the need for deterrence.

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of 5 years and 6 months with a non-parole period of 3 years; special circumstances were found.

Orders

  • ['The offender is convicted of the offence.' 'An aggregate sentence of imprisonment of 5 years, 6 months is imposed, commencing on 14 June 2017 and expiring on 13 December 2022.' 'A non-parole period of 3 years is imposed, expiring on 13 June 2020; the offender is eligible for release to parole on that date.'...