R v Allen CHING [2011] NSWDC 232

R v Allen CHING [2011] NSWDC 232

The offender's criminality was assessed as above low range but midway between low range and mid range, having regard to the quantities and purity of the drugs, the kinds and placement of the firearms, the absence of evidence of actual supply or intended use of the weapons, and the Form 1 and s 166 matters. The firearms offences were more serious and required partial accumulation between separate weapons and between the firearms and drug matters, while count 2 was wholly concurrent with count 1. Special circumstances were found because the offender was 25, a first-time prisoner, had some prospects of rehabilitation, supportive family and partner, good custody conduct, and would benefit...

Jurisdiction
Australia
Judgment Date
12 December 2011
Procedural Posture
Criminal Sentence / Sentence
Outcome
Sentenced to imprisonment consisting of an overall head sentence of six years and a non-parole period of four years.
Legal Topics
['supply Prohibited Drug' 'deemed Supply' 'possess Prohibited Firearm' 'form 1 Offences' 's 166 Certificate Matters' 'standard Non Parole Period' 'special Circumstances' 'totality and Accumulation']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'deemed Supply' 'possess Prohibited Firearm' 'form 1 Offences' 's 166 Certificate Matters' 'standard Non Parole Period' 'special Circumstances' 'totality and Accumulation']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for deemed supply of heroin, taking into account a Form 1 cocaine supply offence.' 'What sentence should be imposed for possession of prohibited firearms and associated s 166 Certificate matters.' "Whether the offender's early plea, remorse, prospects of rehabilitation, first time in custody and personal circumstances justified a finding of special circumstances." 'How the sentences should be structured for concurrence, partial accumulation and totality.']

Ratio Decidendi

The offender's criminality was assessed as above low range but midway between low range and mid range, having regard to the quantities and purity of the drugs, the kinds and placement of the firearms, the absence of evidence of actual supply or intended use of the weapons, and the Form 1 and s 166 matters. The firearms offences were more serious and required partial accumulation between separate weapons and between the firearms and drug matters, while count 2 was wholly concurrent with count 1. Special circumstances were found because the offender was 25, a first-time prisoner, had some prospects of rehabilitation, supportive family and partner, good custody conduct, and would benefit...

Court Disposition

Sentenced to imprisonment consisting of an overall head sentence of six years and a non-parole period of four years.

Orders

  • ['Overall non-parole period of four years commencing on 30 September 2010 and expiring on 29 September 2014.' 'Overall head sentence of six years commencing on 30 September 2010 and expiring on 29 September 2016.' 'Count 1: non-parole period of two years and six months commencing on 30 September 2010 and expiring on...