CITATION: Regina v Robert Norman Drury [2006] NSWDC 47 HEARING DATE(S): 10/5/06, 12/5/06
JUDGMENT DATE:
3 June 2006JUDGMENT OF: Finnane QC DCJ DECISION: I sentence him to imprisonment for a period of 18 years. That sentence commences on the 13th of November 2004 and ceases on the 12th of November 2022. The non-parole period commences on the 13th of November 2004 and ceases on the 12th of November 2015 on which day he is eligible for parole.; I recommend that he be classified as soon as possible to a prison where he is protected, but, if possible is given access to work, library facilities and other facilities that are afforded to those in the general gaol population. CATCHWORDS: methylenedioxymethaphetamine - "ecstasy" - methylendioxyethylamphetamine - "eve" - methylamphetamine - "ice" - large commercial quantity - high street value - plea of guilty - admissions - assistance to authorities - age of offender not a mitigating factor - health of offender - diabeties - starting point of sentence LEGISLATION CITED: Crimes Act 1914 s 21E
Customs Act 1901 s 233BCASES CITED: R v Robert Wayne Moore [2005] NSWCCA 212 PARTIES: Regina
Robert Norman DruryFILE NUMBER(S): 05/11/0627 COUNSEL: Crown: Mr I Bourke
Offender: Mr A HowenSOLICITORS: Crown: CTH DPP
Offender: Legal Aid Funded Representatives
SENTENCE
Introduction.
1 Robert Norman Drury appears before me for sentence on three serious offences, each of them having been committed against section 233 B of the Customs Act 1901, to wit, one charge of attempting to have in his possession 398.66 kg of pure MDMA, one charge of attempting to have in his possession 987 g of pure MDEA and one charge of attempting to have in his possession 237 g of pure methylamphetamine.
2 The drugs consisted of a combination of tablets and powder and their total bulk weight was 820.43 kg. The total number of tablets seized was 2,880,705, with a bulk weight of 702.75 kg and an estimated street value of $144,000,000. The total weight of the powder was 117.68 kg with an estimated street value of between $39,000,000 and $98,000,000. It has been estimated that the street value of the tablets and powder, when converted tablets is between $183,000,000 and $242,000,000. The estimated wholesale value of the tablets plus the powder when converted to tablets, is between $73,000,000 and $96,000,000. This estimated wholesale value is based upon a price per tablet of $20 for purchases in bulk amounts, typically amounts over a thousand tablets per purchase.
3 The offender was a principal in the operation in the sense that he was the Australian organiser of the importation of these drugs into Australia from Holland. It is doubtful that he had anything to do with the financing of the operation, but clearly, without him, the importation could not have occurred in the way that it did. The importation was in a large industrial stove and he was responsible for recruiting another man, in Australia as an assistant. This man is facing…
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- AGLC
- Regina v Robert Norman Drury [2006] NSWDC 47
- Case
- [2006] NSWDC 47
- Decision Date
CaseChat Overview and Summary
The court needed to determine an appropriate sentence for the defendant, considering the severity of the offence and the admissions made. The legal issues revolved around the appropriate starting point for the sentence, the non-parole period, and whether the defendant's age and health should be taken into account in the sentencing. The court considered the defendant's age, but held it was not a mitigating factor in this case. Furthermore, the defendant's health condition, although a consideration, did not significantly influence the court's decision as it did not impede his ability to carry out the crime.
The court emphasised the seriousness of the drug trafficking charges, particularly given the large commercial quantity of drugs involved. Despite the defendant's assistance to the authorities, the court determined that a substantial sentence was necessary to reflect the gravity of the crime and to deter others from engaging in similar activities. The starting point for the sentence was set at 18 years, with a non-parole period of 12 years, reflecting the court's view that the defendant posed a significant risk to the community if released before serving the full sentence.
The final orders included a sentence of 18 years imprisonment, with the non-parole period being 12 years. The defendant was to commence serving his sentence on 13th November 2004, and would be eligible for parole on 12th November 2015. Additionally, the court recommended that the defendant be classified as soon as possible to a prison where he could receive necessary medical care while also having access to work, library facilities, and other amenities available to the general prison population.
Orders
Orders of the court
I sentence him to imprisonment for a period of 18 years. That sentence commences on the 13th of November 2004 and ceases on the 12th of November 2022. The non-parole period commences on the 13th of November 2004 and ceases on the 12th of November 2015 on which day he is eligible for parole.; I recommend that he be classified as soon as possible to a prison where he is protected, but, if possible is given access to work, library facilities and other facilities that are afforded to those in the general gaol population.
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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