R v Ng [2019] NSWDC 759

R v Ng [2019] NSWDC 759

Despite powerful subjective circumstances, sustained and substantial supply of prohibited drugs over several months demanded full-time custody as no other penalty was appropriate under s 3A Crimes (Sentencing Procedure) Act 1999; mitigating factors and special circumstances justified findings but did not outweigh objective seriousness.

Jurisdiction
Australia
Judgment Date
06 September 2019
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced to imprisonment
Legal Topics
['sentencing' 'drug Offences' 'mitigating Factors' 'deterrence' 'form 1 Offences' 'health Considerations' 'remorse' 'rehabilitation']
['criminal Law'] ['sentencing' 'drug Offences' 'mitigating Factors' 'deterrence' 'form 1 Offences' 'health Considerations' 'remorse' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentencing for supply of prohibited drugs' 'Consideration of mitigating factors including age, health, remorse, and rehabilitation' 'Assessing objective seriousness and subjective circumstances' 'Application of sentencing principles in light of community safety and deterrence']

Ratio Decidendi

Despite powerful subjective circumstances, sustained and substantial supply of prohibited drugs over several months demanded full-time custody as no other penalty was appropriate under s 3A Crimes (Sentencing Procedure) Act 1999; mitigating factors and special circumstances justified findings but did not outweigh objective seriousness.

Court Disposition

convicted and sentenced to imprisonment

Orders

  • ['Offender convicted.' 'Sentence of imprisonment of 3 years 6 months, commencing 5 September 2019 and expiring 4 March 2023.' 'Non-parole period of 15 months, expiring 4 December 2020; offender eligible for parole then.' 'Special circumstances found.' 'Orders made by consent in accordance with Short Minutes of Order...