R v Zhang, S

Case

[2017] NSWDC 455

23 June 2017


Details
AGLC Case Decision Date
R v Zhang, S [2017] NSWDC 455 [2017] NSWDC 455 23 June 2017

CaseChat Overview and Summary

The respondent, Zhang, was convicted of engaging in the supply of a large commercial quantity of methylamphetamine. The case was heard in the relevant court, which was required to determine the appropriate sentence for the offence. The key legal issues were the nature and extent of the respondent's involvement in the drug supply operation, his role within the criminal group, and the impact of his actions while on parole. Additionally, the court had to consider the Form 1 matter, which was a previous conviction that could influence the sentencing.

The court examined the evidence presented, including the respondent's role in the drug supply operation and his involvement with the criminal group. It was determined that Zhang played a significant part in the operation, although not the most significant. The court also took into account the fact that the offence was committed while Zhang was on parole, which was an aggravating factor. The court considered the subjective circumstances of the case, including the respondent's background and the potential for rehabilitation, before determining the appropriate sentence.

After considering all the evidence and relevant legal principles, the court found that Zhang was guilty of the offence. The court took the Form 1 matter into account when determining the sentence. The respondent was sentenced to a term of imprisonment for 9 years, comprising of a non-parole period of 6 years and 9 months, and a balance of term of 2 years and 3 months. The sentence was backdated to the date of the respondent's arrest, ensuring that the time already served was taken into account.

The court made an order that the respondent, Zhang, be sentenced to a term of imprisonment for 9 years, with a non-parole period of 6 years and 9 months. The sentence was to commence on 3 July 2022 and expire on 2 October 2024. The court also noted that the sentence would be served consecutively to any other sentence the respondent may be serving.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • Breach of Parole Conditions

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

3

R v McVittie [2002] NSWCCA 344
R v Fernando [2002] NSWCCA 28
R v Huynh [2003] NSWCCA 239