R v Zycki [2023] NSWDC 412

R v Zycki [2023] NSWDC 412

The supply of 4.517kg of cocaine over eleven transactions was serious offending in the upper part of the low range for s 25(2) of the Drug Misuse and Trafficking Act 1985. Although the offender was subordinate and not a decision-maker, her entrusted role in transporting drugs and cash and repackaging drugs was integral to the syndicate. Full-time imprisonment was required, with some accumulation for the serious Form 1 matters, but the sentence was moderated by the early guilty plea, remorse, lack of prior record, prior good character, addiction reducing moral culpability to some extent, mental health symptoms, strict bail compliance, and reasonable prospects of rehabilitation. Special...

Jurisdiction
Australia
Judgment Date
06 October 2023
Procedural Posture
Criminal Sentence / Remarks on Sentence After Guilty Plea
Outcome
The offender was convicted and sentenced to full-time imprisonment for 4 years and 6 months, with a non-parole period of 2 years and 3 months, backdated to commence on 27 December 2022.
Legal Topics
['supply Prohibited Drug Greater Than Large Commercial Quantity' 'form 1 Offences' 'participate in Criminal Group' 'knowingly Deal With Proceeds of Crime' 'possess Prohibited Drug' 'general Deterrence' 'special Circumstances' 'guilty Plea Discount']
['criminal Law' 'sentencing' 'drug Offences'] ['supply Prohibited Drug Greater Than Large Commercial Quantity' 'form 1 Offences' 'participate in Criminal Group' 'knowingly Deal With Proceeds of Crime' 'possess Prohibited Drug' 'general Deterrence' 'special Circumstances' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 4.517kg of cocaine, being a prohibited drug greater than the large commercial quantity, pursuant to s 25(2) of the Drug Misuse and Trafficking Act 1985.' 'How the four Form 1 offences should be taken into account on sentence.' "The objective seriousness of the offending, including the offender's role in a drug supply syndicate and the quantity of drugs supplied." "The weight to be given to the offender's guilty plea, prior good character, drug addiction, mental health, remorse, rehabilitation prospects and strict bail compliance." 'Whether special circumstances should be found under s 44(2) of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The supply of 4.517kg of cocaine over eleven transactions was serious offending in the upper part of the low range for s 25(2) of the Drug Misuse and Trafficking Act 1985. Although the offender was subordinate and not a decision-maker, her entrusted role in transporting drugs and cash and repackaging drugs was integral to the syndicate. Full-time imprisonment was required, with some accumulation for the serious Form 1 matters, but the sentence was moderated by the early guilty plea, remorse, lack of prior record, prior good character, addiction reducing moral culpability to some extent, mental health symptoms, strict bail compliance, and reasonable prospects of rehabilitation. Special...

Court Disposition

The offender was convicted and sentenced to full-time imprisonment for 4 years and 6 months, with a non-parole period of 2 years and 3 months, backdated to commence on 27 December 2022.

Orders

  • ['You are convicted of the offence of supply prohibited drug greater than large commercial quantity, namely 4.517kg of cocaine pursuant to s 25(2) of the DMTA.' 'I sentence you to a non-parole period of 2 years and 3 months imprisonment to commence on 27 December 2022 and to terminate on 26 March 2025.' 'The balance...