Murray Torcetti Lawyers are criminal lawyers in Caboolture. We write our own case notes from recent criminal decisions for internal purposes.
However, unlike your annoying sibling, we don’t mind sharing.
Facts: Sentencing remarks for possession of methylamphetamine with a circumstances of aggravation.
The defendant was a drug courier intercepted carrying 99.432 grams of pure methylamphetamine. Upon being released on bail, the defendant complied with his bail conditions. The defendant had no criminal record being 26 at the time of the offence and 27 sentencing. As a consequence of being apprehended, the defendant had to sell his vehicle to repay drug debts from the loss of the illicit substances. A psychological report and a letter from the defendant outlining remorse and regret was tendered by the defence.
At a time where the District Courts are not sentencing people looking at actual custody when they are currently in the community, the defendant chose to push the matter and start his sentence to have it over and done with.
The sentencing judge canvassed the current stage three restrictions in correctional facilities as “making jail an even more bleak and lonely experience than normal, at least for some time, for many prisoners” noted stage 4 precautions are a possibility but are as yet only prospective.
In imposing the period of custody the Judge stated “it is just that a greater than normal moderation of the actual jail time component of the sentence ought occur” with reference to the COVID-19 implications and reduced the parole release date from 12 months to nine months and then a further reduction down to six and a half months.
Finding: Sentenced to three years, parole release after six and half months.
Notes for practice:
- COVID-19 Considerations
- Nifty turn of phrase “making jail an even more bleak and lonely experience than normal, at least for some time, for many prisoners” that will surely fall into future submissions.
Because lawyers love a good disclaimer – here is ours – It boils down to: If you need legal advice see a lawyer. Dr Google isn’t going to prescribe you meds if you are sick, Google LLB isn’t going to give you advice or information specific to your situation.
If you need legal assistance. See a lawyer.
You might not read it, but we will rely on it if you try and sue us (smug face).
