R v Ortiz; R v Oviedo [2015] NSWDC 364

R v Ortiz; R v Oviedo [2015] NSWDC 364

Both offenders were sentenced based on the seriousness of attempting to possess a very large commercial quantity of unlawfully imported methylamphetamine, their respective roles in the enterprise, pleas of guilty (with a 25% reduction), and personal circumstances. Mr Ortiz received a higher sentence due to his more significant role. The principle of parity and the need for general deterrence were central to the sentences imposed.

Jurisdiction
Australia
Judgment Date
02 October 2015
Procedural Posture
Criminal / Sentence
Outcome
Mr Ortiz sentenced to 10 years imprisonment with a 6 year non-parole period; Mr Oviedo sentenced to 6 years imprisonment with a 3 year non-parole period.
Legal Topics
['attempt to Possess a Commercial Quantity of an Unlawfully Imported Border Controlled Drug' 'sentencing' 'general Deterrence' 'parity Principle']
['criminal Law'] ['attempt to Possess a Commercial Quantity of an Unlawfully Imported Border Controlled Drug' 'sentencing' 'general Deterrence' 'parity Principle']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['appropriate sentence for attempted possession of a commercial quantity of unlawfully imported border controlled drug' 'assessment of role and culpability in sentencing' 'application of general deterrence and parity in sentencing']

Ratio Decidendi

Both offenders were sentenced based on the seriousness of attempting to possess a very large commercial quantity of unlawfully imported methylamphetamine, their respective roles in the enterprise, pleas of guilty (with a 25% reduction), and personal circumstances. Mr Ortiz received a higher sentence due to his more significant role. The principle of parity and the need for general deterrence were central to the sentences imposed.

Court Disposition

Mr Ortiz sentenced to 10 years imprisonment with a 6 year non-parole period; Mr Oviedo sentenced to 6 years imprisonment with a 3 year non-parole period.

Orders

  • ['Mr Ortiz sentenced to imprisonment: non-parole period of 6 years, head sentence of 10 years, commencing 7 February 2014, non-parole expires 6 February 2020.' 'Mr Oviedo sentenced to imprisonment: non-parole period of 3 years, head sentence of 6 years, commencing 7 February 2014, non-parole expires 6 February 2017.']