R v Winikerei [2023] NSWDC 363

R v Winikerei [2023] NSWDC 363

The offender was sentenced to an aggregate term of 6 years imprisonment for multiple counts of supply of prohibited drugs, taking into account the seriousness of the quantities involved, aggravation for offending while on bail, but finding reasonable prospects of rehabilitation and special circumstances due to lengthy remand and COVID-19 conditions. Drug addiction and pain management were explanations but not mitigation. The aggregate sentence and non-parole period were set with appropriate discounts for late pleas of guilty.

Parties
Offender: Raiwhara Winikerei; Crown: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
08 September 2023
Procedural Posture
Criminal / Sentencing
Outcome
Full-time custodial sentence imposed. Aggregate sentence.
Legal Topics
Supply Prohibited Drug, Sentencing Principles, Aggravating and Mitigating Factors, Drug Addiction as Explanation, Delay in Proceedings, Aggregate Sentencing, Special Circumstances, COVID 19 Remand Hardship
Criminal Law Supply Prohibited Drug Sentencing Principles Aggravating and Mitigating Factors Drug Addiction as Explanation Delay in Proceedings Aggregate Sentencing Special Circumstances +1 more

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Parties

Raiwhara Winikerei

Offender

Director of Public Prosecutions

Crown

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Assessment of objective seriousness of drug supply offences
  2. 2 Whether drug addiction and pain management is mitigating
  3. 3 Application of sentencing principles for drug supply offences

Ratio Decidendi

The offender was sentenced to an aggregate term of 6 years imprisonment for multiple counts of supply of prohibited drugs, taking into account the seriousness of the quantities involved, aggravation for offending while on bail, but finding reasonable prospects of rehabilitation and special circumstances due to lengthy remand and COVID-19 conditions. Drug addiction and pain management were explanations but not mitigation. The aggregate sentence and non-parole period were set with appropriate discounts for late pleas of guilty.

Court Disposition

Full-time custodial sentence imposed. Aggregate sentence.

Orders

  • Convictions for supply of prohibited drugs as specified in 2018 and 2019 offences.
  • Aggregate sentence of 6 years imprisonment commencing 24 August 2021.