R v Kelly; R v Diaz [2022] NSWDC 495

R v Kelly; R v Diaz [2022] NSWDC 495

Custodial aggregate sentences were required because both offenders knowingly took part in supplying commercial quantities of methylamphetamine in a collaborative, commercially motivated though relatively haphazard operation. Their roles were lowish and their personal circumstances, early guilty pleas, rehabilitation prospects, COVID custody conditions and special circumstances mitigated sentence, but the seriousness of commercial drug supply, conditional liberty, criminal antecedents and the need for punishment and deterrence required substantial imprisonment with approximately 60% non-parole periods.

Jurisdiction
Australia
Judgment Date
22 April 2022
Procedural Posture
Criminal Sentence / Sentencing Following Guilty Pleas in the Local Court
Outcome
Both offenders sentenced to aggregate custodial sentences with non-parole periods; special circumstances found and 25% discounts allowed for guilty pleas.
Legal Topics
['supply Prohibited Drug Greater Than Commercial Quantity' 'possess Prohibited Drug' 'methylamphetamine' 'rolled Up Offences' 'form 1 Matters' 'early Guilty Pleas' 'parity' 'special Circumstances' 'conditional Liberty' 'first Custodial Sentences']
['criminal Law' 'sentencing' 'drug Offences'] ['supply Prohibited Drug Greater Than Commercial Quantity' 'possess Prohibited Drug' 'methylamphetamine' 'rolled Up Offences' 'form 1 Matters' 'early Guilty Pleas' 'parity' 'special Circumstances' 'conditional Liberty' 'first Custodial Sentences']

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Procedural Posture

Criminal Sentence / Sentencing Following Guilty Pleas in the Local Court

Legal Issues

  1. 1 ["What sentences should be imposed for each offender's offences of supplying methylamphetamine greater than the commercial quantity, including rolled up offences and Form 1 matters." 'How to assess the objective seriousness of low-level but commercial methylamphetamine supply involving collaboration between the offenders.' 'What effect should be given to early guilty pleas, conditional liberty, criminal antecedents, drug addiction, gambling, rehabilitation prospects, COVID custody conditions, family hardship and parity.' 'Whether special circumstances should be found affecting the non-parole periods.']

Ratio Decidendi

Custodial aggregate sentences were required because both offenders knowingly took part in supplying commercial quantities of methylamphetamine in a collaborative, commercially motivated though relatively haphazard operation. Their roles were lowish and their personal circumstances, early guilty pleas, rehabilitation prospects, COVID custody conditions and special circumstances mitigated sentence, but the seriousness of commercial drug supply, conditional liberty, criminal antecedents and the need for punishment and deterrence required substantial imprisonment with approximately 60% non-parole periods.

Court Disposition

Both offenders sentenced to aggregate custodial sentences with non-parole periods; special circumstances found and 25% discounts allowed for guilty pleas.

Orders

  • ['Dwayne Evan Diaz: aggregate sentence of 3 years 6 months dating from 5 March 2021 with a non-parole period of 2 years 1 month, eligible for consideration for release to parole on 4 April 2023; balance of term 1 year 5 months commencing 5 April 2023; total sentence expires 4 September 2024; release subject to...