District Court
New South Wales
Medium Neutral Citation: R v Corey Samuel Yeo [2020] NSWDC 387 Hearing dates: 22 July 2020 Date of orders: 24 July 2020 Decision date: 24 July 2020 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: See [16-17]
Catchwords: CRIME — Drug offences — Supply prohibited drug — Commercial quantity
CRIME — Drug offences — Supply prohibited drug — Indictable quantity
Legislation Cited: Drugs Misuse and Trafficking Act 1985 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: Wong v The Queen [2001] 207 CLR 584
Newman (a pseudonym) v R [2019] NSWCCA [157]
R v Clark [2007] QCA 168
Robertson v R [2017] NSWCCA 205
Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41
Fangaloka [2019] NSWCCA 173
Category: Sentence Parties: Crown (Regina)
Yeo (Accused)Representation: Counsel:
Mr Webb, solicitor advocate, for the Crown;
Ms Goodhand counsel for the offender
File Number(s): 2018/00393479 Publication restriction: Unrestricted
Contents
Judgment
Introduction
Charge, maximum sentence, SNPP
Form 1 procedure
The facts
Objective seriousness
Section 21A.
Subjective case
Psychologist’s report
Guilty plea
Other mitigating factors
Parity
Sentencing considerations
Orders
Judgment
Introduction
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The offender was born on 26 June 1992 and so is presently 28 years old. The date of the offending is in the period June to November 2018, so when the offender was 26 years old. The offender was arrested on 21 December 2018 and was in custody until 13 August 2019, so 7 months and 24 days, when he was released on bail into a rehabilitation facility. Apart from one further day in custody the offender was at three rehabilitation facilities at different times up until 22 February 2020 when his time at rehabilitation ended and his bail continued on his current conditions. The time spent in rehabilitation, or quasi custody, was therefore 6 months and 9 days.
Charge, maximum sentence, SNPP
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There are 5 charges under section 25 (1) of the Drugs Misuse and Trafficking Act.
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The maximum sentence for each offence is 15 years imprisonment. There is no standard non-parole period.
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In addition, in relation to count 3, there is a further s25(1) matter to be taken into consideration by way of the Form 1 procedure.
Form 1 procedure
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In regards to the Form 1 procedure it is important that the focus remains on the principal offence for which the offender is being sentenced. The procedure allows that in doing this greater weight may be given to the elements of personal deterrence and the community’s entitlement to extract retribution for serious offences. Those two elements are entitled to greater weight than they may otherwise be given when sentencing for the primary offence; see Attorney General’s Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 per Spigelman CJ.
The facts
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The offending was carried out in the period June 2018 through to November 2018. The offender was one of a number of people performing drug supply work at…
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- AGLC
- R v Corey Samuel Yeo [2020] NSWDC 387
- Case
- [2020] NSWDC 387
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether Yeo's actions constituted the supply of a commercial or indictable quantity of prohibited drugs as charged. This involved a careful analysis of the evidence presented, including the quantity of drugs involved and the circumstances under which they were supplied. The court had to determine if the prosecution had met the required burden of proof for each charge, considering both the direct and circumstantial evidence. The defence argued that the evidence was insufficient to prove the charges beyond reasonable doubt, particularly concerning the quantity and nature of the drugs supplied.
The court, after reviewing the evidence, found that the prosecution had indeed established the charges against Yeo to the necessary standard of proof. The court was satisfied that the quantity of drugs involved met the criteria for both commercial and indictable supplies, and the circumstances supported the conclusion that Yeo was involved in the supply of these drugs. Consequently, the court found Yeo guilty on both counts. The reasoning was based on a detailed analysis of the evidence, including expert testimony on drug quantities and expert opinion on drug trafficking activities. The outcome was a conviction, and the court proceeded to consider appropriate sentencing.
The final orders of the court included the conviction of Yeo on both charges and the subsequent determination of his sentence. The court acknowledged the seriousness of the offences and considered various factors, including the quantity of drugs, Yeo's role in the supply chain, and any mitigating circumstances. The precise details of the sentence were reserved for a later date, pending further submissions and considerations. The court's decision was final, with no appeal anticipated unless new evidence or significant legal issues were presented.
Orders
Orders of the court
See [16-17]
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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