R v Lamb, Brandon

Case [2017] NSWDC 380


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v LAMB, Brandon [2017] NSWDC 380
Hearing dates: 17 August 2017
Date of orders: 17 August 2017
Decision date: 17 August 2017
Jurisdiction:Criminal
Before: Judge S Norrish QC
Decision:

Full-time custodial sentence. For orders see [85]

Catchwords: CRIMINAL – SENTENCE – two counts of supply prohibited drugs – 28 grams of MDMA – Form 1 matters of supply prohibited drugs and dealing with proceeds of crime – offences concerned the – full discount for early plea of guilty – 21 years old – no prior criminal history – offender used and supplied small quantities of prohibited drugs – connection between drug addiction and the offender’s upbringing and the need to promote rehabilitation – no financial benefit obtained from the supply of the drugs – currently in a stable relationship with permanent employment – full discount for early plea of guilty plus an additional discount for assistance to police – ‘special circumstances’ determined.
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW)
Cases Cited: Attorney General’s Application (Number 1) of 2002 (2002) 56 NSWLR 147
R v Cacciola (1998) 104 A Crim R 178
R v Carrion (2000) 49 NSWLR 149
R v Clark (NSWCCA, 15 March 1990, unreported)
EF v R [2015] NSWCCA 36
R v Ejefekaire [2016] NSWCCA 308
R v Fayd’herbe [2007] NSWCCA 20
Forti v R [2016] NSWCCA 126
R v Gip (2006) 161 A Crim R 173
R v Gu [2006] NSWCCA 104
Hili v The Queen [2010] NSWCCA 45
R v Lattouf (NSWCCA, 12 December 1996, unreported)
R v Polley [2014] NSWDC 323
R v Blackman and Walters [2001] NSWCCA 121
R v Henry (Ors) (1999) 46 NSWLR 346
Smaragdis v R [2010] NSWCCA 276
Thomson v Houlton [2000] NSWCCA 309
Yardley v Betts (1979) 22 SASR 108
Category:Sentence
Parties: Regina (Crown)
Brandon Lamb (Offender)
Representation: Solicitors:
Mr Curran (Solicitor)
Ms Cooney (Solicitor)
File Number(s): 2016/00293785
Publication restriction: Nil

SENTENCE

  1. HIS HONOUR: Brandon Lamb appears today for sentence in relation to two offences contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985. Each of these offences carries a maximum penalty of fifteen years imprisonment and/or 2,000 penalty units. There is no standard non-parole period in relation to each offence.

  2. There are three matters on a Form 1, two of supplying a prohibited drug and one offence of dealing with proceeds of crime in the sum of $920 related to the activities arising from either the principal offences and/or the matters on the Form 1, probably a combination of both. The ‘deal with proceeds of crime’ offence is one that carries a maximum penalty of three years imprisonment contrary to s 93C(2) Crimes Act 1900. There is no standard non-parole period for that maximum penalty.

  3. The two matters on the Form 1 of supply carry the same maximum penalty but having said that they are of such small quantities one…

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AGLC
R v Lamb, Brandon [2017] NSWDC 380
Case
[2017] NSWDC 380
Decision Date

CaseChat Overview and Summary

In the case of R v Lamb, the accused, Brandon Lamb, faced sentencing for two counts related to the supply of prohibited drugs, specifically 28 grams of MDMA. The matter was heard in the Magistrates' Court of Victoria. Lamb pleaded guilty to the charges, which involved matters of supplying prohibited drugs and dealing with proceeds of crime. The court was required to determine an appropriate sentence, taking into account various factors such as the nature and circumstances of the offence, the offender's background, and the principle of proportionality.

The court addressed several legal issues, including the discount for an early plea of guilty and the consideration of special circumstances that might warrant a departure from the usual sentencing guidelines. Lamb, at 21 years old with no prior criminal history, had supplied small quantities of prohibited drugs and was currently in a stable relationship with permanent employment. The court considered his addiction to drugs and the impact of his upbringing, as well as the lack of financial benefit derived from the supply of the drugs. The offender also provided assistance to the police, which was another factor influencing the sentencing decision.

The court determined that the full discount for the early plea of guilty, combined with an additional discount for the assistance provided to the police, was appropriate. It also found that the circumstances surrounding the offence warranted a departure from the usual sentencing approach, qualifying as "special circumstances." Consequently, the court imposed a full-time custodial sentence, reflecting the need for punishment, deterrence, and rehabilitation, while also considering the offender's personal circumstances.

Orders

Orders of the court

Full-time custodial sentence. For orders see [85]

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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