R v Sun [2017] NSWDC 456

R v Sun [2017] NSWDC 456

The offender's role was assessed as less serious than others, and no penalty other than imprisonment was appropriate given the seriousness of the supply of nearly 1 kg of methylamphetamine. A six-year sentence (NPP of four years) was imposed, factoring in a 25% discount for a plea of guilty and special circumstances due to age and first time in custody, with the Form 1 matter taken into account.

Parties
Prosecution: Regina; Defendant: Bin Sun
Jurisdiction
Australia
Judgment Date
23 June 2017
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment.
Legal Topics
Sentencing, Drug Offences, Supply of Prohibited Drugs, Participation in Criminal Group, Joint Criminal Enterprise
Criminal Law Sentencing Drug Offences Supply of Prohibited Drugs Participation in Criminal Group Joint Criminal Enterprise

Case Brief

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Parties

Regina

Prosecution

Bin Sun

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for supply of not less than a commercial quantity of methylamphetamine?
  2. 2 Should the Form 1 offence of participating in a criminal group contribute to the sentence?
  3. 3 Are there special circumstances warranting a variation in the statutory relationship between the non-parole period and the balance of term?

Ratio Decidendi

The offender's role was assessed as less serious than others, and no penalty other than imprisonment was appropriate given the seriousness of the supply of nearly 1 kg of methylamphetamine. A six-year sentence (NPP of four years) was imposed, factoring in a 25% discount for a plea of guilty and special circumstances due to age and first time in custody, with the Form 1 matter taken into account.

Court Disposition

Convicted and sentenced to imprisonment.

Orders

  • The offender is convicted in relation to the offence of supply not less than a commercial quantity of methylamphetamine, with a quantity slightly less than 1 kilogram.
  • Form 1 matter of participating in a criminal group taken into account.