R v Thorne [2021] NSWDC 455

R v Thorne [2021] NSWDC 455

Mohammad Junaid Thorne is to be sentenced for the supply of indictable and large commercial quantities of cocaine and MDMA, assessed as being in the mid-range of objective seriousness, with due consideration of his early guilty pleas, personal background, and the relative roles of his co-offender. Special circumstances are found owing to the more onerous incarceration conditions arising from his high risk classification and prevailing pandemic conditions. Aggregate sentence is appropriate, with an indicative sentence for cocaine supply (three years) and for MDMA (seven and a half years, non-parole period five years), resulting in an aggregate sentence of nine years' imprisonment with a...

Jurisdiction
Australia
Judgment Date
08 October 2021
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced
Legal Topics
['drug Offences' 'supply of Prohibited Drug' 'sentencing' 'role of Co Offender' 'objective Seriousness' 'parity Between Offenders' 'special Circumstances of Incarceration']
['criminal Law'] ['drug Offences' 'supply of Prohibited Drug' 'sentencing' 'role of Co Offender' 'objective Seriousness' 'parity Between Offenders' 'special Circumstances of Incarceration']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for the offences of supply of prohibited drugs (cocaine and MDMA) in various quantities by Mohammad Junaid Thorne?' "Does the applicant's background and circumstances amount to mitigation?" 'How should the roles of co-offenders (Thorne and Ms Rose) be assessed for parity in sentencing?' 'Does the High Risk classification and incarceration conditions constitute special circumstances for sentencing purposes?']

Ratio Decidendi

Mohammad Junaid Thorne is to be sentenced for the supply of indictable and large commercial quantities of cocaine and MDMA, assessed as being in the mid-range of objective seriousness, with due consideration of his early guilty pleas, personal background, and the relative roles of his co-offender. Special circumstances are found owing to the more onerous incarceration conditions arising from his high risk classification and prevailing pandemic conditions. Aggregate sentence is appropriate, with an indicative sentence for cocaine supply (three years) and for MDMA (seven and a half years, non-parole period five years), resulting in an aggregate sentence of nine years' imprisonment with a...

Court Disposition

convicted and sentenced

Orders

  • ["Aggregate sentence of nine years' imprisonment." 'Non-parole period of five years and six months.' 'Both sentence and non-parole period to commence on 31 July 2019.' 'Non-parole period to expire on 30 January 2025; balance term to expire on 30 July 2028.']