R v Dogan [2019] NSWDC 385

R v Dogan [2019] NSWDC 385

The offender pleaded guilty to knowingly taking part in the supply of what he believed was a large commercial quantity of cocaine, although the substance was inert and no real drugs were supplied. The Court considered the offender's minor role, strong subjective case, lack of significant prior record, demonstrated remorse, prospects of rehabilitation, and the lack of community harm, entitling him to various mitigating considerations and a discount for an early guilty plea. The unique factual situation moderated the need for deterrence, resulting in an imposed term of imprisonment of 4 years, 2 months, with a non-parole period of 2 years, 1 month.

Parties
Crown: Regina; Offender: Erkan Dogan
Jurisdiction
Australia
Judgment Date
16 April 2019
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced to imprisonment
Legal Topics
Sentencing, Mitigating Factors, Form 1 Offences, Drug Offences
Criminal Law Sentencing Mitigating Factors Form 1 Offences Drug Offences

Case Brief

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Parties

Regina

Crown

Erkan Dogan

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentencing for knowingly taking part in supply of a large commercial quantity of a prohibited drug (inert substance)
  2. 2 Consideration of mitigating factors such as good character, plea of guilty, remorse, rehabilitation prospects, and relevant subjective circumstances
  3. 3 Application of a discount for an early guilty plea

Ratio Decidendi

The offender pleaded guilty to knowingly taking part in the supply of what he believed was a large commercial quantity of cocaine, although the substance was inert and no real drugs were supplied. The Court considered the offender's minor role, strong subjective case, lack of significant prior record, demonstrated remorse, prospects of rehabilitation, and the lack of community harm, entitling him to various mitigating considerations and a discount for an early guilty plea. The unique factual situation moderated the need for deterrence, resulting in an imposed term of imprisonment of 4 years, 2 months, with a non-parole period of 2 years, 1 month.

Court Disposition

Offender convicted and sentenced to imprisonment

Orders

  • The offender is convicted of the offence.
  • A sentence of imprisonment of 4 years, 2 months, commencing 13 April 2018 and expiring on 12 June 2022 (including Form 1 offence).