R v Zhang, S [2017] NSWDC 455

R v Zhang, S [2017] NSWDC 455

The offender, having played a significant and directing role in the large scale commercial supply of methylamphetamine while on parole, demonstrated objective seriousness at least in the midrange and aggravated culpability due to the breach of parole. Genuine remorse and rehabilitation prospects were not established by acceptable evidence. Accordingly, a sentence of 9 years imprisonment, with a non-parole period of 6 years and 9 months and a balance of 2 years and 3 months wholly cumulative upon the revoked parole period, was imposed taking into account the Form 1 offence.

Jurisdiction
Australia
Judgment Date
23 June 2017
Procedural Posture
Sentence / Conviction and Sentencing
Outcome
convicted and sentenced
Legal Topics
['supply of Prohibited Drug' 'large Commercial Quantity' 'parole Violation' 'sentencing Considerations' 'form 1 Matters']
['criminal Law'] ['supply of Prohibited Drug' 'large Commercial Quantity' 'parole Violation' 'sentencing Considerations' 'form 1 Matters']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Sentence / Conviction and Sentencing

Legal Issues

  1. 1 ['Determination of sentence for knowingly taking part in the supply of a large commercial quantity of a prohibited drug (methylamphetamine)' 'Consideration of Form 1 matter: knowingly participate in a criminal group directing activity' 'Aggravating factors including commission of offence while on parole' 'Assessment of subjective circumstances and prospect of rehabilitation']

Ratio Decidendi

The offender, having played a significant and directing role in the large scale commercial supply of methylamphetamine while on parole, demonstrated objective seriousness at least in the midrange and aggravated culpability due to the breach of parole. Genuine remorse and rehabilitation prospects were not established by acceptable evidence. Accordingly, a sentence of 9 years imprisonment, with a non-parole period of 6 years and 9 months and a balance of 2 years and 3 months wholly cumulative upon the revoked parole period, was imposed taking into account the Form 1 offence.

Court Disposition

convicted and sentenced

Orders

  • ['Convicted of knowingly taking part in the supply of a large commercial quantity of methylamphetamine.' 'Form 1 matter of knowingly participate in a criminal group directing activity taken into account.' 'Sentenced to 9 years imprisonment: non-parole period 6 years and 9 months (3/10/2015–2/7/2022), balance of 2...