R v "S" [2000] NSWCCA 13

R v "S" [2000] NSWCCA 13

The sentence was manifestly inadequate because, despite the respondent's plea, rehabilitation, assistance to authorities, strict protection risks and other favourable matters, the offence involved substantial participation in manufacturing at least a large commercial quantity of amphetamine, was committed while on bail and while on trial for similar offences, and required a sentence reflecting the seriousness of commercial drug manufacture. A 50% discount for extremely valuable assistance was accepted, but the resulting 18 month minimum term and 3 year total term were unreasonably disproportionate and failed to reflect the objective gravity of the offence.

Jurisdiction
Australia
Judgment Date
24 February 2000
Procedural Posture
Crown Appeal Against Sentence / Appeal From Sentence Imposed in the District Court
Outcome
Crown appeal allowed; sentence quashed; respondent resentenced.
Legal Topics
['manufacture of Prohibited Drug' 'large Commercial Quantity of Amphetamine' 'crown Appeal Against Inadequacy of Sentence' 'assistance to Authorities' 'special Circumstances' 'offending While on Bail']
['criminal Law' 'sentencing' 'drug Offences'] ['manufacture of Prohibited Drug' 'large Commercial Quantity of Amphetamine' 'crown Appeal Against Inadequacy of Sentence' 'assistance to Authorities' 'special Circumstances' 'offending While on Bail']

Case Brief

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Procedural Posture

Crown Appeal Against Sentence / Appeal From Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentence of 3 years imprisonment with a minimum term of 18 months and an additional term of 18 months was manifestly inadequate.' 'Whether the additional term was disproportionately long.' 'Whether the sentencing discount for assistance to authorities made the sentence unreasonably disproportionate to the nature and circumstances of the offence.' 'Whether special circumstances justified the structure of the minimum and additional terms.']

Ratio Decidendi

The sentence was manifestly inadequate because, despite the respondent's plea, rehabilitation, assistance to authorities, strict protection risks and other favourable matters, the offence involved substantial participation in manufacturing at least a large commercial quantity of amphetamine, was committed while on bail and while on trial for similar offences, and required a sentence reflecting the seriousness of commercial drug manufacture. A 50% discount for extremely valuable assistance was accepted, but the resulting 18 month minimum term and 3 year total term were unreasonably disproportionate and failed to reflect the objective gravity of the offence.

Court Disposition

Crown appeal allowed; sentence quashed; respondent resentenced.

Orders

  • ['The appeal by the Crown is allowed.' 'The sentence imposed by Judge Dodd on the Respondent on 15 June 1999 is quashed.' 'In lieu thereof, the Respondent is sentenced to imprisonment for a minimum term of 3 years commencing on 15 June 1999 and expiring on 14 June 2002 and an additional term of 1 year commencing on...