McLean v R [2020] NSWCCA 344

McLean v R [2020] NSWCCA 344

The sentencing judge's assessment that the offending was slightly above the mid-range but not at the higher end was open. The applicant played a trusted and integral role in large-scale drug supply, involving pickup, storage and delivery of about 18.85 kg of high-purity methylamphetamine in professionally concealed vehicle compartments, rental of garage space, encrypted communications, multiple phones and drugs valued between approximately $1.4 million and $2 million. Those circumstances were not displaced by his subordinate role or other mitigating facts. The sentence, though stern, was not outside the available range and was not unreasonable or plainly unjust, having regard to the...

Jurisdiction
Australia
Judgment Date
17 December 2020
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['supply of Not Less Than a Large Commercial Quantity of Methylamphetamine' 'objective Seriousness' 'manifest Excess' 'drug Supply Offending' 'leave to Appeal Against Sentence']
['criminal Law' 'sentencing'] ['supply of Not Less Than a Large Commercial Quantity of Methylamphetamine' 'objective Seriousness' 'manifest Excess' 'drug Supply Offending' 'leave to Appeal Against Sentence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in characterising the objective seriousness of the offence as slightly above the mid-range.' 'Whether the sentence of imprisonment for 12 years and 7 months with a non-parole period of 8 years and 7 months was manifestly excessive.']

Ratio Decidendi

The sentencing judge's assessment that the offending was slightly above the mid-range but not at the higher end was open. The applicant played a trusted and integral role in large-scale drug supply, involving pickup, storage and delivery of about 18.85 kg of high-purity methylamphetamine in professionally concealed vehicle compartments, rental of garage space, encrypted communications, multiple phones and drugs valued between approximately $1.4 million and $2 million. Those circumstances were not displaced by his subordinate role or other mitigating facts. The sentence, though stern, was not outside the available range and was not unreasonable or plainly unjust, having regard to the...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['The applicant is granted leave to appeal.' 'The appeal is dismissed.']