R v Blake Geoffrey ELLIS [2012] NSWDC 170

R v Blake Geoffrey ELLIS [2012] NSWDC 170

Blake Geoffrey Ellis participated knowingly and voluntarily in a joint criminal enterprise to manufacture a large commercial quantity of a prohibited drug (MDA). Although not a financier or 'principal,' his substantial and prolonged involvement, including preparation, transport, and packing up of the laboratory, placed his culpability above that of some co-offenders (notably MH), justifying a starting sentence of twelve years imprisonment. Consideration of his youth, absence of significant drug or supply offences, contrition, prospects of rehabilitation, and a 25% guilty plea discount resulted in a head sentence of nine years' imprisonment, with special circumstances found to warrant a...

Jurisdiction
Australia
Judgment Date
03 July 2012
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment; special circumstances found.
Legal Topics
['sentencing' 'offences Involving Manufacture of Prohibited Drugs' 'joint Criminal Enterprise' 'parity in Sentencing' 'special Circumstances']
['criminal Law'] ['sentencing' 'offences Involving Manufacture of Prohibited Drugs' 'joint Criminal Enterprise' 'parity in Sentencing' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ["Assessment of the offender's role and culpability in a joint criminal enterprise to manufacture a large commercial quantity of a prohibited drug (MDA)" 'Determination of the objective seriousness of the offence and comparison with co-offenders' 'Consideration of subjective factors relevant to sentencing, including prior record, prospects of rehabilitation, and special circumstances']

Ratio Decidendi

Blake Geoffrey Ellis participated knowingly and voluntarily in a joint criminal enterprise to manufacture a large commercial quantity of a prohibited drug (MDA). Although not a financier or 'principal,' his substantial and prolonged involvement, including preparation, transport, and packing up of the laboratory, placed his culpability above that of some co-offenders (notably MH), justifying a starting sentence of twelve years imprisonment. Consideration of his youth, absence of significant drug or supply offences, contrition, prospects of rehabilitation, and a 25% guilty plea discount resulted in a head sentence of nine years' imprisonment, with special circumstances found to warrant a...

Court Disposition

Convicted and sentenced to imprisonment; special circumstances found.

Orders

  • ['Blake Geoffrey Ellis is convicted and sentenced to imprisonment: non-parole period of 6 years commencing 10/5/2011 and expiring 9/5/2017; balance of sentence of 3 years expiring 9/5/2020; total sentence 9 years imprisonment.' 'Order for destruction of the drugs seized and forfeiture of all property seized during...