District Court
New South Wales
Medium Neutral Citation: R v Antony [2024] NSWDC 580 Hearing dates: 5 December 2024 Date of orders: 6 December 2024 Decision date: 06 December 2024 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: (1) The Offender is convicted.
(2) Having deducted 10% for the plea of guilty with some rounding in favour of the Offender, the Offender is sentenced to imprisonment for 3 years and 7 months to commence 18 September 2024 and expire 17 April 2028.
(3) The minimum non-parole period is 2 years and 2 months, commencing 18 September 2024 and expiring 17 November 2026.
(4) The first day that the Offender is eligible for parole will be 17 November 2026.
Catchwords: CRIME — Drug offences — Commonwealth offences — Aid and abet in the Importation of a border-controlled prohibited precursor
SENTENCING — Federal offenders — Relevant considerations – Objective seriousness – Subjective factors
Legislation Cited: Crimes Act 1914 (Cth) s 16A
Drug Misuse and Trafficking Act 1985 (NSW)
The Criminal Code (Cth) s 11.2(1); s 307.11(1)
Cases Cited: DPP (Cth) v Maxwell (2013) 228 A Crim R. 218
Giles-Adams v The Queen;Preca v The Queen [2023] NSWCCA 122
Hili v The Queen (2010) 242 CLR 520
R v Nguyen; R v Pham [2010] NSWCCA 238
Richards v The King [2023] NSWCCA 264
The Queen v Pham (2015) 256 CLR 550
Totaan v R (2022) 108 NSWLR 17
Ribbon v The Queen [2022] SASCA 15;
Category: Sentence Parties: Commonwealth Director of Public Prosecutions (Crown)
Newran Antony (Offender)Representation: Counsel:
Solicitors:
N Roucek (Crown)
G R James KC (Offender)
CDPP (Crown)
One Group Legal (Offender)
File Number(s): 2022/15541 Publication restriction: Nil
JUDGMENT
Overview
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Newran ANTONY (“the Offender”) has pleaded guilty to and is to be sentenced for the following offence;
Count
Offence
Description
Maximum Penalty
1
ss 11.2(1) and 307.11(1) of the Criminal Code (Cth)
Between about 7 April 2021 and 21 May 2021 at Sydney in the State of NSW and else, did aid and abet the commission of an offence by another person against section 307.11(1) of the Criminal Code (Cth), namely that Gnanatheepan GOPALKRISHNAN imported a substance, the substance being a border-controlled precursor, namely pseudoephedrine, and the quantity imported being a commercial quantity
25 years imprisonment and/or 5000 penalty units
Time in custody
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The Offender was arrested on 18 January 2022 and was in custody from that date until 6 April 2022, a period of 79 days, solely referable to the offence. He has been on bail since that time. Any sentence of imprisonment will take into account that time served.
Maximum penalty
-
The maximum penalty serves as a yardstick for the appropriate sentence and must be balanced against all other factors.
Sentencing Commonwealth offences
General principles
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The governing principle under s 16A(1) of the Crimes Act 1914 (Cth) (“
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- AGLC
- R v Antony [2024] NSWDC 580
- Case
- [2024] NSWDC 580
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the objective seriousness of the offence and the subjective factors relevant to the offender's circumstances. The court had to consider the nature of the offence, the role of the offender in the commission of the crime, and any mitigating or aggravating factors. The court also had to determine the appropriate length of the sentence, including the non-parole period, and the date from which the offender would be eligible for parole.
In reaching its decision, the court thoroughly examined the details of the offence and the offender's role in it. It assessed the objective seriousness of the offence, which involved the importation of a controlled substance, and considered the subjective factors related to the offender's personal circumstances and culpability. After evaluating these factors, the court determined that the offender should be sentenced to imprisonment for a period of 3 years and 7 months, with a non-parole period of 2 years and 2 months. The sentence was backdated to commence on 18 September 2024 and expire on 17 April 2028, with the first opportunity for parole arising on 17 November 2026.
The final orders of the court included the conviction of the offender, the imposition of a 3-year and 7-month sentence with a 2-year and 2-month non-parole period, and the setting of 17 November 2026 as the date for the first parole eligibility. This decision reflects the court's careful consideration of both the objective and subjective aspects of the case, resulting in a balanced and proportionate sentence.
Orders
Orders of the court
(1) The Offender is convicted.
(2) Having deducted 10% for the plea of guilty with some rounding in favour of the Offender, the Offender is sentenced to imprisonment for 3 years and 7 months to commence 18 September 2024 and expire 17 April 2028.
(3) The minimum non-parole period is 2 years and 2 months, commencing 18 September 2024 and expiring 17 November 2026.
(4) The first day that the Offender is eligible for parole will be 17 November 2026.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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