NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v To [2019] NSWDC 962 Hearing dates: 16 December 2019 Date of orders: 16 December 2019 Decision date: 16 December 2019 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: A term of imprisonment of 18 months to be served by way of an intensive corrections order pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999: [29]. Catchwords: CRIME — Drug offences — Manufacture prohibited drug — Commercial quantity SENTENCING — Aggravating factors — Breach of conditional liberty SENTENCING — Mitigating factors — Plea of guilty — Rehabilitation SENTENCING — Relevant factors on sentence — Form 1 offences — Objective seriousness — Purposes of sentencing SENTENCING — Sentencing procedure — Findings of fact SENTENCING — Subjective considerations on sentence — Drug addiction — Special circumstances Legislation Cited: Drug Misuse and Trafficking Act 1985 Criminal Procedure Act 1986 Crime (Sentencing Procedure) Act 1999 Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Imbornone v R [2017] NSWCCA 144 R v Qutami (2001) 127 A Crim R 369 Category: Sentence Parties: Regina (Office of the Director of Public Prosecutions)
Thang Phuoc To (Offender) Representation: Ms E Dando (Solicitor for Office of the Director of Public Prosecutions)
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