R v Anugerah [2019] NSWDC 748

R v Anugerah [2019] NSWDC 748

A custodial sentence was required because the offender engaged in repeated MDMA supply for financial or material reward, an offence carrying a substantial maximum penalty. However, the sentence was reduced for the earliest guilty plea and moderated for youth, no prior offending, remorse, good rehabilitation...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 October 2019
Procedural Posture
Criminal Sentence / Sentence Following Guilty Plea
Outcome
Offender convicted and sentenced to imprisonment for 18 months with a non-parole period of 11 months, commencing on 17 November 2018.
Legal Topics
['supply Prohibited Drug on 3 or More Occasions During a Period of 30 Days' 'mdma (ecstasy)' 'parity' 'guilty Plea Discount' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['supply Prohibited Drug on 3 or More Occasions During a Period of 30 Days' 'mdma (ecstasy)' 'parity' 'guilty Plea Discount' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for supplying a prohibited drug other than cannabis on three or more separate occasions during a period of 30 consecutive days for financial or material reward.' 'Whether parity with co-offender Asdi Amir, who received a non-custodial sentence for significantly similar offending but lesser charges, affected the sentence.' "Whether the offender's plea of guilty, youth, lack of prior offending, remorse, onerous custody, and prospects of rehabilitation justified a reduced sentence and a finding of special circumstances."]

Ratio Decidendi

A custodial sentence was required because the offender engaged in repeated MDMA supply for financial or material reward, an offence carrying a substantial maximum penalty. However, the sentence was reduced for the earliest guilty plea and moderated for youth, no prior offending, remorse, good rehabilitation prospects, onerous first custody in a foreign country, and the significant parity concern arising from the co-offender's lesser charges and non-custodial outcome. Special circumstances warranted an 11 month non-parole period within an 18 month total sentence, backdated to the offender's arrest.

Court Disposition

Offender convicted and sentenced to imprisonment for 18 months with a non-parole period of 11 months, commencing on 17 November 2018.

Orders

  • ['Rorie Anugerah is convicted.' 'Non-parole period of 11 months commencing on 17 November 2018 and expiring on 16 October 2019.' 'Further period of imprisonment of seven months commencing on expiry of the non-parole period and expiring on 16 May 2020.' 'Total sentence of 18 months imprisonment.' 'Special...