R v Figg [2023] NSWDC 194

R v Figg [2023] NSWDC 194

Given the quantity and duration of the offender's drug supply, his planning and organisation, his criminal history, lack of demonstrated rehabilitation, and absence of genuine remorse, the seriousness of the offending warrants a head sentence of 6 years imprisonment for supply of large commercial quantity of methylamphetamine, with a non-parole period of 4 years. Special circumstances are found for parole to aid prospects of rehabilitation.

Parties
Prosecutor: Office of the Director of Public Prosecutions (ODPP); Offender: Mr L Figg
Jurisdiction
Australia
Judgment Date
09 June 2023
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to term of imprisonment.
Legal Topics
Sentencing, Drug Offences, Supply of Prohibited Drugs, Large Commercial Quantity, Rehabilitation, Parole, Totality, Remorse, Objective Gravity
Criminal Law Sentencing Drug Offences Supply of Prohibited Drugs Large Commercial Quantity Rehabilitation Parole Totality +2 more

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Parties

Office of the Director of Public Prosecutions (ODPP)

Prosecutor

Mr L Figg

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for the supply of a large commercial quantity of methylamphetamine under s 25(2) of the Drug Misuse & Trafficking Act 1985 (NSW)?
  2. 2 What weight should be given to the offender's guilty plea, history of addiction, and prospects of rehabilitation?
  3. 3 Does the offender's background or remorse mitigate sentence?

Ratio Decidendi

Given the quantity and duration of the offender's drug supply, his planning and organisation, his criminal history, lack of demonstrated rehabilitation, and absence of genuine remorse, the seriousness of the offending warrants a head sentence of 6 years imprisonment for supply of large commercial quantity of methylamphetamine, with a non-parole period of 4 years. Special circumstances are found for parole to aid prospects of rehabilitation.

Court Disposition

Convicted and sentenced to term of imprisonment.

Orders

  • Offender sentenced to 6 years imprisonment commencing 1 December 2021 and expiring on 30 November 2027.
  • Non-parole period of 4 years expiring 30 November 2025.