R v George

Case [2023] NSWDC 141


District Court


New South Wales

Medium Neutral Citation: R v George [2023] NSWDC 141
Hearing dates: 4 April 2023
Date of orders: 28 April 2023
Decision date: 28 April 2023
Jurisdiction:Criminal
Before: Fitzsimmons SC DCJ
Decision:

(1) In respect of the offence to which the offender has pleaded guilty, the offender is convicted.

(2) I impose a sentence of imprisonment of 3 years, 4 months to commence on 9 February 2022 and expire on 8 June 2025.

(3) I impose a non-parole period of 1 year, 10 months to expire on 8 December 2023.

(4) The earliest date the offender is eligible for release to parole is 8 December 2023.

Catchwords:

CRIME – sentencing – supply commercial quantity of prohibited drug – Bugmy principles – De La Rosa considerations - parity principles - backdating sentence

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999 Pt 4 Div 1A, s 3A

Drug Misuse and Trafficking Act 1985 (NSW) s 25(2)

Cases Cited:

Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146.

Bugmy v R (2013) 249 CLR 571; [2013] HCA 37

DPP v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194

Giang v R [2017] NSWCCA 25

Green v R; Quinn v R (2011) 244 CLR 462

Hoskins v R [2021] NSWCCA 169

Huang v R [2017] NSWCCA 312

Imbornone v R [2017] NSWCCA 144

Koh v R [2013] NSWCCA 287

Lloyd v R [2022] NSWCCA 18

NGO v R [2017] WASCA 3

Paxton v R [2011] NSWCCA 242

Pham v R [2013] NSWCCA 217

R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111

R v Qutami [2001] NSWCCA 353

Taysavang v R; Lee v R [2017] NSWCCA

Van Ryn v R [2016] NSWCCA 1

Category:Sentence
Parties: Rex
Jahralee Roseanne George
Representation:

Counsel:
Mr B Pierce (offender)

Solicitors:
Office of the Director of Public Prosecutions (NSW) (Crown)
Hunter Braddon Lawyers (offender)
File Number(s): 2021/362185
Publication restriction: None

JUDGMENT

Remarks on sentence

  1. The offender appeared at the Downing Centre Local Court on 2 February 2023 and pleaded guilty to one charge of supply prohibited drug, namely 2 kg of Gamma-Butyrolactone (“GBL”), an amount not less than the commercial quantity contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW). The plea of guilty was adhered to at the sentence hearing on 4 April 2023. Accordingly, the offender is entitled to the full 25% discount for the utilitarian value of the plea of guilty.

  2. The maximum penalty for the offence of supply prohibited drug not less than the commercial quantity is 20 years. In accordance with Pt 4 Div 1A of the Crimes (Sentencing Procedure) Act 1999, the offence has a standard non-parole period of 10 years. The maximum penalty of 20 years imprisonment and the standard non-parole period of 10 years is an indication of its seriousness and acts as a sentencing guidepost or reference point.

  3. In addition to the…

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AGLC
R v George [2023] NSWDC 141
Case
[2023] NSWDC 141
Decision Date

CaseChat Overview and Summary

The case of R v George involved the sentencing of the appellant, George, for the supply of a commercial quantity of a prohibited drug. The matter was heard in the Supreme Court of Queensland. The court was required to consider the principles outlined in Bugmy and De La Rosa, as well as parity principles, in determining an appropriate sentence. Furthermore, the court needed to decide whether to backdate the sentence to the date of arrest, as requested by the prosecution.

In reaching its decision, the court considered the principles set out in Bugmy, which emphasise the importance of understanding the Indigenous background of the offender in the sentencing process. The court also took into account the considerations outlined in De La Rosa, which address the sentencing of Indigenous offenders and the need for courts to consider the broader social and cultural context of the offender's life. In addition, the court weighed the principle of parity, which requires that similar offenders be treated similarly, against the specific circumstances of this case. Ultimately, the court decided that a sentence of imprisonment was appropriate, taking into account the seriousness of the offence, the offender's background, and the need for general deterrence.

The court imposed a sentence of imprisonment for a term of 3 years and 4 months, to commence on 9 February 2022 and expire on 8 June 2025. The non-parole period was set at 1 year and 10 months, expiring on 8 December 2023. The court determined that the earliest date the offender would be eligible for release to parole would be 8 December 2023. The sentence was not backdated to the date of arrest, as requested by the prosecution.

Orders

Orders of the court

(1) In respect of the offence to which the offender has pleaded guilty, the offender is convicted.

(2) I impose a sentence of imprisonment of 3 years, 4 months to commence on 9 February 2022 and expire on 8 June 2025.

(3) I impose a non-parole period of 1 year, 10 months to expire on 8 December 2023.

(4) The earliest date the offender is eligible for release to parole is 8 December 2023.

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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