R v Finn, Megan [2010] NSWDC 104

R v Finn, Megan [2010] NSWDC 104

The sentence was determined by weighing the objective seriousness of multiple ongoing supplies of methylamphetamine for financial reward, the aggravating factor of recidivism, mitigating factors including plea of guilty, contrition, and assistance to authorities, and the need for deterrence. A 25% discount for the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 March 2010
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
['sentencing' 'drug Supply' 'recidivism' 'mitigation' 'deterrence' 'plea Discount' 'special Circumstances' 'rehabilitation']
['criminal Law'] ['sentencing' 'drug Supply' 'recidivism' 'mitigation' 'deterrence' 'plea Discount' 'special Circumstances' 'rehabilitation']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Assessment of objective criminality of drug supply offences' 'Consideration of mitigating factors including rehabilitation prospects, plea, and assistance to authorities' 'Application of statutory sentencing principles such as deterrence and special circumstances' 'Determination of appropriate term of imprisonment and parole period']

Ratio Decidendi

The sentence was determined by weighing the objective seriousness of multiple ongoing supplies of methylamphetamine for financial reward, the aggravating factor of recidivism, mitigating factors including plea of guilty, contrition, and assistance to authorities, and the need for deterrence. A 25% discount for the plea, and special circumstances found due to assistance to authorities, were applied to set a three-year sentence, divided into a non-parole period and balance term.

Court Disposition

conviction and sentence

Orders

  • ['Conviction of Megan Frances Finn for three or more supplies of prohibited drug (methylamphetamine) within thirty days, taking Form 1 agreements into account.' 'Sentence of twenty-one months non-parole period dated from 14 March 2009 to 13 December 2010.' 'Balance of term fifteen months to expire 13 March 2012.'...