Regina v Lee Clark [2016] NSWDC 174

Regina v Lee Clark [2016] NSWDC 174

The quantum, ongoing nature, and planning involved in the offences required significant custodial sentences to reflect objective seriousness, general and specific deterrence, and denunciation, but the sentences should be moderated to account for the offender’s guilty pleas, demonstrated rehabilitation, good character, lack of prior convictions, and the causal link between mental health issues and the offending.

Parties
Prosecutor: Regina (The Crown); Offender: Lee Clark
Jurisdiction
Australia
Judgment Date
19 August 2016
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted on all counts and sentenced to imprisonment.
Legal Topics
Proceeds of Crime, Drug Offences, Possession, Supply of Prohibited Drugs, Ongoing Supply, Sentencing, Commercial Quantity, Significant Quantity, Aggravating Factors, Mitigating Factors, Rehabilitation, General Deterrence, Specific Deterrence, Totality Principle
Criminal Law Proceeds of Crime Drug Offences Possession Supply of Prohibited Drugs Ongoing Supply Sentencing Commercial Quantity +7 more

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Parties

Regina (The Crown)

Prosecutor

Lee Clark

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for knowingly dealing with proceeds of crime exceeding $100,000
  2. 2 Appropriate sentence for multiple offences of supply of prohibited drugs in commercial quantities
  3. 3 Appropriate sentence for ongoing supply of prohibited drugs

Ratio Decidendi

The quantum, ongoing nature, and planning involved in the offences required significant custodial sentences to reflect objective seriousness, general and specific deterrence, and denunciation, but the sentences should be moderated to account for the offender’s guilty pleas, demonstrated rehabilitation, good character, lack of prior convictions, and the causal link between mental health issues and the offending.

Court Disposition

Offender convicted on all counts and sentenced to imprisonment.

Orders

  • Count 1: 2 years and 6 months imprisonment (section 400.4(1) offence), no recognizance release order.
  • Count 2: 4 years imprisonment, non-parole period 2 years and 8 months from 26 March 2015 (section 25(2) – cocaine).