R v HONG, Michael [2016] NSWDC 388

R v HONG, Michael [2016] NSWDC 388

The court sentenced the offender for two counts of supplying methylamphetamine, taking into account Form 1 offences associated with the first count, the fact that each offence was committed while on bail, and applying a 10% utilitarian discount for guilty pleas. Special circumstances were found under s 44 of the Crimes (Sentencing Procedure) Act for adjustment of the parole period. Sentences were partially accumulated in accordance with totality principles. Full-time custody was imposed as no alternative was appropriate.

Parties
Prosecution: Regina (Crown); Offender: Chi King Hong (also referred to as Michael Hong)
Jurisdiction
Australia
Judgment Date
14 March 2016
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced to terms of imprisonment on both counts; sentences partially accumulated; non-parole period and parole eligibility fixed; forfeiture orders made.
Legal Topics
Supply Prohibited Drug, Sentencing, Utilitarian Benefit for Plea, Time Served on Remand, Totality Principle, Special Circumstances, Accumulation of Sentences, Form 1 Offences
Criminal Law Supply Prohibited Drug Sentencing Utilitarian Benefit for Plea Time Served on Remand Totality Principle Special Circumstances Accumulation of Sentences +1 more

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Parties

Regina (Crown)

Prosecution

Chi King Hong (also referred to as Michael Hong)

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for two offences of supplying methylamphetamine
  2. 2 Consideration of Form 1 offences in sentencing
  3. 3 Effect of plea of guilty on sentence (utilitarian discount)

Ratio Decidendi

The court sentenced the offender for two counts of supplying methylamphetamine, taking into account Form 1 offences associated with the first count, the fact that each offence was committed while on bail, and applying a 10% utilitarian discount for guilty pleas. Special circumstances were found under s 44 of the Crimes (Sentencing Procedure) Act for adjustment of the parole period. Sentences were partially accumulated in accordance with totality principles. Full-time custody was imposed as no alternative was appropriate.

Court Disposition

Offender convicted and sentenced to terms of imprisonment on both counts; sentences partially accumulated; non-parole period and parole eligibility fixed; forfeiture orders made.

Orders

  • Count 1: Convicted and sentenced to 1 year 9 months imprisonment without non-parole period, commencing 23 June 2014, expiring 22 March 2016.
  • Count 2: Convicted and sentenced to 1 year 5 months imprisonment with a non-parole period of 10 months, commencing 23 June 2015, expiring 22 September 2017; earliest parole eligibility 22 April 2016.