R v Forero Gomez; R v Le; R v Pham; R v Stephens [2021] NSWDC 131

R v Forero Gomez; R v Le; R v Pham; R v Stephens [2021] NSWDC 131

Each offender knowingly participated in the manufacture of a large commercial quantity of cocaine for personal gain. Sentences were determined with reference to the maximum penalty, the standard non-parole period, the principle of parity, the subjective circumstances including COVID-19 hardship, youth, and rehabilitation prospects, and the utilitarian value of guilty pleas, resulting in substantial reductions from the statutory guide. Forero-Gomez received a higher sentence due to greater involvement and language skills, while the other offenders were treated equally given their roles, with minor variations to reflect personal circumstances.

Jurisdiction
Australia
Judgment Date
22 April 2021
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to terms of imprisonment with specified non-parole periods and parole eligibility dates.
Legal Topics
['manufacture Prohibited Drug' 'sentencing' 'large Commercial Quantity' 'parity' 'subjective Case' 'special Circumstances' 'covid 19 Hardship' 'rehabilitation']
['criminal Law'] ['manufacture Prohibited Drug' 'sentencing' 'large Commercial Quantity' 'parity' 'subjective Case' 'special Circumstances' 'covid 19 Hardship' 'rehabilitation']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentencing for manufacture and participation in manufacture of a large commercial quantity of cocaine' 'Assessment of roles and culpability among co-offenders' 'Application and departure from standard non-parole period' 'Impact of subjective circumstances, including COVID-19, youth, prior good character, and rehabilitation prospects' 'Application of parity in sentencing co-offenders']

Ratio Decidendi

Each offender knowingly participated in the manufacture of a large commercial quantity of cocaine for personal gain. Sentences were determined with reference to the maximum penalty, the standard non-parole period, the principle of parity, the subjective circumstances including COVID-19 hardship, youth, and rehabilitation prospects, and the utilitarian value of guilty pleas, resulting in substantial reductions from the statutory guide. Forero-Gomez received a higher sentence due to greater involvement and language skills, while the other offenders were treated equally given their roles, with minor variations to reflect personal circumstances.

Court Disposition

Convicted and sentenced to terms of imprisonment with specified non-parole periods and parole eligibility dates.

Orders

  • ['Forero-Gomez: Sentenced to a term of imprisonment of 6 years 3 months. Non-parole period of 3 years 6 months. Eligible for parole on 3 December 2022 until 3 September 2025.' 'Le: Sentenced to a term of imprisonment of 4 years 6 months. Non-parole period of 2 years 8 months. Eligible for parole on 3 February 2022...