R v CHRISTIE-GILBERT [2017] NSWDC 453

R v CHRISTIE-GILBERT [2017] NSWDC 453

The offender knowingly participated from the outset in a serious, organised and commercial drug operation involving substantial quantities of MDA, cannabis and Diazepam. His account of ignorance and coercion was implausible, and his participation as driver was significant, although his role was less than Matzanke's and his criminal history was comparatively minimal. Given the seriousness of the offending, the need for general and specific deterrence, parity with the co-offender, the early plea discount, and subjective matters, only a significant full-time custodial sentence was appropriate. Special circumstances were found because it was the offender's first time in custody and a longer...

Jurisdiction
Australia
Judgment Date
16 October 2017
Procedural Posture
Criminal Sentence / Sentencing After Early Guilty Plea
Outcome
Convicted on each count; sentenced to imprisonment, fined and disqualified from driving; back-up offences withdrawn and dismissed.
Legal Topics
['supply Prohibited Drug Greater Than Commercial Quantity' 'possess Restricted Substance' 'supply Cannabis Less Than Commercial Quantity' 'drive Vehicle Under Influence of Drugs' 'form 1 Matters' 'parity' 'special Circumstances' 'general and Specific Deterrence']
['criminal Law' 'sentencing' 'drug Offences' 'traffic Offences'] ['supply Prohibited Drug Greater Than Commercial Quantity' 'possess Restricted Substance' 'supply Cannabis Less Than Commercial Quantity' 'drive Vehicle Under Influence of Drugs' 'form 1 Matters' 'parity' 'special Circumstances' 'general and Specific Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Early Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 218.5 grams of 3,4-methylenedioxyamphetamine (MDA), greater than a commercial quantity, with Form 1 matters for cannabis supply and possession of Diazepam taken into account.' 'Whether the offender knowingly participated in an organised and significant drug operation involving travel from Newcastle to Adelaide and return with prohibited drugs.' 'How parity with co-offender Joel David Matzanke should affect sentence.' 'Whether special circumstances justified a longer than usual parole period.' 'What penalty should be imposed for driving under the influence of drugs.']

Ratio Decidendi

The offender knowingly participated from the outset in a serious, organised and commercial drug operation involving substantial quantities of MDA, cannabis and Diazepam. His account of ignorance and coercion was implausible, and his participation as driver was significant, although his role was less than Matzanke's and his criminal history was comparatively minimal. Given the seriousness of the offending, the need for general and specific deterrence, parity with the co-offender, the early plea discount, and subjective matters, only a significant full-time custodial sentence was appropriate. Special circumstances were found because it was the offender's first time in custody and a longer...

Court Disposition

Convicted on each count; sentenced to imprisonment, fined and disqualified from driving; back-up offences withdrawn and dismissed.

Orders

  • ['For supply 3,4-methylenedioxyamphetamine (MDA) greater than a commercial quantity, with Form 1 matters for supply cannabis less than a commercial quantity and possess restricted substance taken into account, the offender was convicted and sentenced to imprisonment for 5 years and 6 months with a non-parole period...