R v Bittner; R v Martinez [2020] NSWDC 292

R v Bittner; R v Martinez [2020] NSWDC 292

The sentences reflect each offender's role, knowledge and motivation, with general deterrence, denunciation and parity applied, and discounts for early guilty pleas. For Bittner, the serious role and knowledge placed the offence just below medium objective seriousness, warranting significant imprisonment. For Martinez, a lesser and reluctant role, lower culpability, and strong rehabilitation prospects justified a lesser custodial sentence with early release and conditions.

Parties
Prosecution: Regina (Crown); Defendant: Daniel Martinez; Defendant: Alex Bittner
Jurisdiction
Australia
Judgment Date
18 May 2020
Procedural Posture
Criminal / Sentencing
Outcome
Bittner: Imprisonment of 6 years 9 months (non-parole 4 years); Martinez: Imprisonment 2 years 6 months, release on 7 June 2020 on recognizance of $500, good behaviour until 7 July 2021; Bittner's State offence: s10A conviction, no further penalty.
Legal Topics
Sentencing, Drug Offences, Aid and Abet, Attempted Possession
Criminal Law Sentencing Drug Offences Aid and Abet Attempted Possession

Case Brief

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Parties

Regina (Crown)

Prosecution

Daniel Martinez

Defendant

Alex Bittner

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for attempt to possess a commercial quantity of unlawfully imported drug?
  2. 2 What is the appropriate sentence for possessing prohibited drug under state law?
  3. 3 How should parity, rehabilitation, and general deterrence inform the sentence for each offender given their different roles?

Ratio Decidendi

The sentences reflect each offender's role, knowledge and motivation, with general deterrence, denunciation and parity applied, and discounts for early guilty pleas. For Bittner, the serious role and knowledge placed the offence just below medium objective seriousness, warranting significant imprisonment. For Martinez, a lesser and reluctant role, lower culpability, and strong rehabilitation prospects justified a lesser custodial sentence with early release and conditions.

Court Disposition

Bittner: Imprisonment of 6 years 9 months (non-parole 4 years); Martinez: Imprisonment 2 years 6 months, release on 7 June 2020 on recognizance of $500, good behaviour until 7 July 2021; Bittner's State offence: s10A conviction, no further penalty.

Orders

  • Bittner: Convicted of attempt to possess a commercial quantity of unlawfully imported drug contrary to Criminal Code 1995 (Cth), sentenced to 6 years 9 months imprisonment (non-parole 4 years) from 8 January 2019.
  • Bittner: Convicted of possess prohibited drug, s10A Crimes (Sentencing Procedure) Act 1999 (NSW) - no further penalty.