R v Roiss [2020] NSWDC 533

R v Roiss [2020] NSWDC 533

Aggregate sentence of 6 years imprisonment (with a 4 years 6 months non-parole period) is appropriate given the serious nature, scale, and profit from multiple drug offences. Early plea and prospects for rehabilitation were considered but no Ellis discount applied. Objective seriousness and indicia of supply required a sentence of full-time imprisonment.

Parties
Prosecution: Regina; Defendant: Sebastian Roiss
Jurisdiction
Australia
Judgment Date
26 June 2020
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to full-time imprisonment.
Legal Topics
Drug Offences, Supply Prohibited Drug, Deal With Proceeds of Crime, Sentencing, Aggregate Sentence, Plea of Guilty
Criminal Law Drug Offences Supply Prohibited Drug Deal With Proceeds of Crime Sentencing Aggregate Sentence Plea of Guilty

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Parties

Regina

Prosecution

Sebastian Roiss

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple drug supply and possession offences and dealing with proceeds of crime
  2. 2 Consideration of objective and subjective factors in sentencing including early plea, prospects of rehabilitation, addiction, gambling, lack of prior criminal history
  3. 3 Application of statutory sentencing regime for deemed supply and aggregate sentences

Ratio Decidendi

Aggregate sentence of 6 years imprisonment (with a 4 years 6 months non-parole period) is appropriate given the serious nature, scale, and profit from multiple drug offences. Early plea and prospects for rehabilitation were considered but no Ellis discount applied. Objective seriousness and indicia of supply required a sentence of full-time imprisonment.

Court Disposition

Convicted and sentenced to full-time imprisonment.

Orders

  • Aggregate sentence: Imprisonment for 6 years, with a non-parole period of 4 years and 6 months commencing 26 July 2019 and expiring 25 January 2024, balance of term 1 year 6 months expiring 25 July 2025.
  • Indicative sentences (imprisonment): SEQ 001 – 6 months; SEQ 006 – 1 year; SEQ 007 – 2 years 6 months; SEQ 010 – 4 years 6 months; SEQ 014 – 3 years; SEQ 015 – 2 years; SEQ 016 – 14 months; SEQ 017 + Form 1 [SEQ 13, 021, 026] – 4 years with 3 year non-parole period.