R v Dimitri TIMON [2010] NSWSC 189

R v Dimitri TIMON [2010] NSWSC 189

The Court imposed wholly cumulative sentences because the ongoing drug supply offence and pistol possession offence were unrelated. The ongoing supply offending involved small quantities and modest returns but was serious, with significant deemed supply Form 1 matters; the offender was treated as a user/supplier and given modest leniency for the late guilty plea. The pistol offence was mid-range or close to it, given the working unregistered pistol without serial number and the associated ammunition, but special circumstances, prior good character, rehabilitation prospects and the need for supervised conditional liberty justified departure from the standard non-parole period.

Jurisdiction
Australia
Judgment Date
18 March 2010
Procedural Posture
Criminal Sentence / Remarks on Sentence After Conviction for Unauthorised Possession of Pistol and Plea of Guilty to Ongoing Supply of Prohibited Drug, With Form 1 Matters
Outcome
Offender sentenced to imprisonment for ongoing supply of methylamphetamine and unauthorised possession of a pistol; prohibited drugs ordered destroyed; cash forfeited to the State.
Legal Topics
['unauthorised Possession of Pistol' 'possession of Ammunition' 'ongoing Supply of Prohibited Drug' 'supply of Prohibited Drug' 'form 1 Matters' 'special Circumstances' 'totality' 'forfeiture' 'destruction of Prohibited Drugs']
['criminal Law' 'sentencing'] ['unauthorised Possession of Pistol' 'possession of Ammunition' 'ongoing Supply of Prohibited Drug' 'supply of Prohibited Drug' 'form 1 Matters' 'special Circumstances' 'totality' 'forfeiture' 'destruction of Prohibited Drugs']

Case Brief

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Conviction for Unauthorised Possession of Pistol and Plea of Guilty to Ongoing Supply of Prohibited Drug, With Form 1 Matters

Legal Issues

  1. 1 ['What sentences should be imposed for ongoing supply of methylamphetamine and unauthorised possession of a pistol, taking into account Form 1 matters.' 'Whether the pistol offence fell within the mid-range of objective gravity and whether there were reasons to depart from the standard non-parole period.' 'Whether the drug offending should be characterised as user/supplier conduct rather than successful dealing for profit.' 'Whether cumulative sentences, special circumstances, parole supervision, destruction of drugs and forfeiture of cash were appropriate.']

Ratio Decidendi

The Court imposed wholly cumulative sentences because the ongoing drug supply offence and pistol possession offence were unrelated. The ongoing supply offending involved small quantities and modest returns but was serious, with significant deemed supply Form 1 matters; the offender was treated as a user/supplier and given modest leniency for the late guilty plea. The pistol offence was mid-range or close to it, given the working unregistered pistol without serial number and the associated ammunition, but special circumstances, prior good character, rehabilitation prospects and the need for supervised conditional liberty justified departure from the standard non-parole period.

Court Disposition

Offender sentenced to imprisonment for ongoing supply of methylamphetamine and unauthorised possession of a pistol; prohibited drugs ordered destroyed; cash forfeited to the State.

Orders

  • ['For the offence of ongoing supply of methylamphetamine, taking into account the matters on the second Form 1, the offender was sentenced to imprisonment for 2 years and 6 months commencing on 18 June 2006 and expiring on 17 December 2008, with no non-parole period specified.' 'For the offence of unauthorised...