R v Embradora [2020] NSWDC 849

R v Embradora [2020] NSWDC 849

The aggregate sentence reflects the seriousness of the drug supply and proceeds of crime offences; the offender's role was higher in the supply hierarchy than co-offender Dogan. The use of an inert substance mitigates public harm, but intent and participation warrant substantial deterrent sentences. Early plea, remorse, lack of prior criminal history, and impact of COVID-19 in custody justify reduction from statutory guideposts and special circumstances for parole.

Jurisdiction
Australia
Judgment Date
06 October 2020
Procedural Posture
Criminal Sentencing / Sentence Imposed
Outcome
conviction and custodial sentence imposed
Legal Topics
['drug Offences' 'supply Prohibited Drug' 'commercial Quantity' 'dealing With Proceeds of Crime']
['criminal Law'] ['drug Offences' 'supply Prohibited Drug' 'commercial Quantity' 'dealing With Proceeds of Crime']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Imposed

Legal Issues

  1. 1 ['Sentencing for supply of commercial quantity of prohibited drug' 'Dealing with proceeds of crime' 'Possession of restricted substance']

Ratio Decidendi

The aggregate sentence reflects the seriousness of the drug supply and proceeds of crime offences; the offender's role was higher in the supply hierarchy than co-offender Dogan. The use of an inert substance mitigates public harm, but intent and participation warrant substantial deterrent sentences. Early plea, remorse, lack of prior criminal history, and impact of COVID-19 in custody justify reduction from statutory guideposts and special circumstances for parole.

Court Disposition

conviction and custodial sentence imposed

Orders

  • ['Impose an aggregate sentence of six years and three months and an aggregate non-parole period of three years and 10 months.' 'In relation to the offence on the s 166 certificate, record a conviction.']