R v To [2019] NSWDC 962

R v To [2019] NSWDC 962

The offender's manufacturing operation, whilst involving commercial quantity, was unsophisticated and limited in objective seriousness; aggravating factors included breach of conditional liberty, while mitigating factors included plea of guilty and prospects for rehabilitation. A sentence of 18 months imprisonment, discounted for plea, should be served by intensive corrections order given time already served and suitability for rehabilitation.

Parties
Prosecutor: Regina (Office of the Director of Public Prosecutions); Offender: Thang Phuoc To
Jurisdiction
Australia
Judgment Date
16 December 2019
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence imposed
Legal Topics
Drug Offences, Sentencing, Manufacture Prohibited Drug, Commercial Quantity, Aggravating Factors, Mitigating Factors, Plea of Guilty, Rehabilitation, Form 1 Offences, Objective Seriousness, Purposes of Sentencing, Subjective Considerations
Criminal Law Drug Offences Sentencing Manufacture Prohibited Drug Commercial Quantity Aggravating Factors Mitigating Factors Plea of Guilty +5 more

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina (Office of the Director of Public Prosecutions)

Prosecutor

Thang Phuoc To

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for manufacture of prohibited drug in commercial quantity
  2. 2 Consideration of aggravating and mitigating factors
  3. 3 Rehabilitation and suitability for intensive corrections order

Ratio Decidendi

The offender's manufacturing operation, whilst involving commercial quantity, was unsophisticated and limited in objective seriousness; aggravating factors included breach of conditional liberty, while mitigating factors included plea of guilty and prospects for rehabilitation. A sentence of 18 months imprisonment, discounted for plea, should be served by intensive corrections order given time already served and suitability for rehabilitation.

Court Disposition

conviction and sentence imposed

Orders

  • Conviction for manufacture of prohibited drug (methylamphetamine); sentence of 18 months imprisonment to be served by intensive corrections order commencing 16 December 2019 pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999.
  • Report to CCS Liverpool office on 17 December 2019.