R v Poungpech [2019] NSWDC 160

R v Poungpech [2019] NSWDC 160

The offender knowingly took part in the supply of methylamphetamine by providing her room and permitting Gao to possess and store the drug there, knowing it would ultimately be supplied. Although the offence was serious because it involved 734.8 grams of 78% pure methylamphetamine, above the large commercial quantity threshold, her role was limited to storage, she was not part of the trafficking operation and derived no financial reward. Taking into account her guilty plea, prior good character, good prospects of rehabilitation, hardship in custody, and special circumstances, the appropriate sentence was imprisonment for five years with a non-parole period of three years.

Jurisdiction
Australia
Judgment Date
22 March 2019
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty
Outcome
Imprisonment for a period of five years with a non-parole period of three years.
Legal Topics
['supply Prohibited Drug' 'knowingly Take Part in Supply' 'methylamphetamine' 'large Commercial Quantity' 'imprisonment' 'non Parole Period']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'knowingly Take Part in Supply' 'methylamphetamine' 'large Commercial Quantity' 'imprisonment' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for knowingly taking part in the supply of 734.8 grams of methylamphetamine, being not less than a large commercial quantity.' "How the offender's storage role, quantity and purity of the drug, guilty plea, personal circumstances, hardship in custody, prospects of rehabilitation and special circumstances affected sentence."]

Ratio Decidendi

The offender knowingly took part in the supply of methylamphetamine by providing her room and permitting Gao to possess and store the drug there, knowing it would ultimately be supplied. Although the offence was serious because it involved 734.8 grams of 78% pure methylamphetamine, above the large commercial quantity threshold, her role was limited to storage, she was not part of the trafficking operation and derived no financial reward. Taking into account her guilty plea, prior good character, good prospects of rehabilitation, hardship in custody, and special circumstances, the appropriate sentence was imprisonment for five years with a non-parole period of three years.

Court Disposition

Imprisonment for a period of five years with a non-parole period of three years.

Orders

  • ['The offender is sentenced to a non-parole period of three years commencing on 28 June 2017 and expiring on 27 June 2020.' 'An additional term of two years is imposed, making a total effective sentence of five years expiring on 27 June 2022.' 'The offender will be eligible for release to parole on 27 June 2020.']