R v Do

Case

[2024] NSWDC 203

05 April 2024


Details
AGLC Case Decision Date
R v Do [2024] NSWDC 203 [2024] NSWDC 203 05 April 2024

CaseChat Overview and Summary

The defendant, Do, appealed against the sentence imposed by the County Court for his involvement in the supply of a large commercial quantity of methylamphetamine. The appeal was heard in the Court of Appeal, where the central issue was the appropriateness of the sentence given to the offender. The appeal raised questions about the role of the offender in the criminal activity, the offender's prior good character, and the social disadvantage the offender experienced.

The Court of Appeal began by recognising the substantial role Do played in the supply of a large quantity of methylamphetamine. However, the court also considered his limited involvement compared to the primary offenders. In assessing the sentence, the court took into account Do's prior good character and the social disadvantages he faced, which had contributed to his criminal behaviour. Balancing these factors, the court found that the original sentence was not appropriate given the mitigating circumstances. As a result, the Court of Appeal substituted the original sentence with a non-parole period of five years, dating from 30 July 2022, together with a balance of three years and six months. This new sentence means the offender will serve his entire term until 29 January 2031, with his first opportunity for parole eligibility on 29 July 2027.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

Actions
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Most Recent Citation
R v Dolan [1992] SASC 3638

Cases Citing This Decision

2

R v Dolan [1992] SASC 3638
R v Dolan [1992] SASC 3638
Cases Cited

17

Statutory Material Cited

2

Bugmy v The Queen [2013] HCA 37
Bugmy v The Queen [2013] HCA 37
Chong v The Queen [2020] NSWCCA 235