R v Doan, R v Wensor [2019] NSWDC 399

R v Doan, R v Wensor [2019] NSWDC 399

Given the very significant quantity of methylamphetamine manufactured, the principal role played by Mr Doan and the facilitative assistance given by Mr Wensor, both offenders' conduct demanded substantial custodial sentences, tempered by consideration of each offender's subjective case, timing of plea and, for Mr Wensor, special circumstances due to age and rehabilitation prospects. The sentences reflect assessment of objective seriousness, prospects of rehabilitation, and relevant mitigating/aggravating factors.

Jurisdiction
Australia
Judgment Date
21 June 2019
Procedural Posture
Criminal / Sentencing
Outcome
Both defendants convicted and sentenced to imprisonment. Aggregate and indicative non-parole and head sentences imposed. Conviction recorded for possess offence against Mr Wensor, no penalty.
Legal Topics
['drug Offences' 'sentencing' 'co Offenders' 'manufacture of Prohibited Drug' 'supply of Prohibited Drug' 'possession of Prohibited Drug' 'special Circumstances']
['criminal Law'] ['drug Offences' 'sentencing' 'co Offenders' 'manufacture of Prohibited Drug' 'supply of Prohibited Drug' 'possession of Prohibited Drug' 'special Circumstances']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for manufacture of prohibited drug (large commercial quantity)' 'Appropriate sentence for knowingly taking part in manufacture' 'Appropriate sentence for supply of prohibited drug (commercial quantity)' 'Assessment of co-offender liability and roles' 'Consideration of subjective circumstances and prospects of rehabilitation' 'Determination of special circumstances for sentencing']

Ratio Decidendi

Given the very significant quantity of methylamphetamine manufactured, the principal role played by Mr Doan and the facilitative assistance given by Mr Wensor, both offenders' conduct demanded substantial custodial sentences, tempered by consideration of each offender's subjective case, timing of plea and, for Mr Wensor, special circumstances due to age and rehabilitation prospects. The sentences reflect assessment of objective seriousness, prospects of rehabilitation, and relevant mitigating/aggravating factors.

Court Disposition

Both defendants convicted and sentenced to imprisonment. Aggregate and indicative non-parole and head sentences imposed. Conviction recorded for possess offence against Mr Wensor, no penalty.

Orders

  • ['Mr Doan convicted of manufacture (large commercial quantity) and supply offences.' 'Mr Doan: Indicative sentence for manufacture, 11 years imprisonment, non-parole period 8 years 3 months.' 'Mr Doan: Indicative sentence for supply, 5 years imprisonment, non-parole period 3 years 9 months.' 'Mr Doan: Aggregate...