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Court of Criminal Appeal 1 May 2000

Regina v Massart

[2000] NSWCCA 150

Drugs
CRIMINAL LAW SENTENCING EXCEPTIONAL CASE SENTENCES NOT MANIFESTLY INADEQUATE.

Citation: Regina v Massart [2000] NSWCCA 150
Court: New South Wales Court of Criminal Appeal
Date: 1 May 2000
Judge(s): Smart AJ, Dunford J, Foster AJA

Background

The respondent was convicted on five counts of supplying prohibited drugs (methylamphetamine and amphetamine) over a seven-week period in late 1995. The offences involved supplying drugs to an intermediary, who then on-supplied them to an undercover police officer. The amounts involved were relatively small, with purity levels ranging from 1.5 to 6.5 per cent.

The District Court sentenced the respondent to five concurrent terms, each comprising a minimum term of one year and an additional term of three years. The Crown appealed to the Court of Criminal Appeal, contending the sentences were manifestly inadequate.

Central to the sentencing proceedings was psychiatric evidence that the respondent suffered from schizophrenia or schizo-affective disorder, including significant delusions, formal thought disorder, and impaired judgment. The sentencing judge accepted that this mental illness materially affected the respondent's conduct at the time of the offences.

  • Whether the sentences imposed by the District Court were manifestly inadequate for five counts of drug supply.
  • Whether the respondent's serious mental illness, including delusions and disturbed judgment, was properly treated as a mitigating factor in sentencing.
  • Whether the respondent occupied a higher position than her co-offender in the drug supply hierarchy, warranting a more severe sentence.
  • Whether parity with the co-offender's sentence was appropriately maintained.

Decision

The Court of Criminal Appeal unanimously dismissed the Crown appeal. Smart AJ, with whom Dunford J and Foster AJA agreed, found the sentences were not manifestly inadequate in the circumstances.

On the question of mental illness, the Court rejected the Crown's submission that the respondent's psychiatric condition was of limited relevance because the offending involved multiple transactions rather than impulsive acts. Smart AJ held that where an offender suffers from an underlying condition of significant severity, involving delusions and substantially impaired judgment, the question of whether individual acts were "impulsive" is not of particular importance. The psychiatric evidence from Dr Canaris, which the sentencing judge accepted, established that the illness would have substantially impaired the respondent's judgment and impulse control.

The Court also rejected the Crown's contention that the respondent should have been found to occupy a higher position than her co-offender in the drug supply chain. The sentencing judge could only find that someone had supplied the respondent, who then supplied the co-offender, and was not satisfied that she occupied a superior role. Given the respondent's minimal prior record compared to the co-offender's extensive criminal history, parity considerations further supported the outcome. The co-offender had received a minimum term of two years, and the respondent's lower criminality and contrasting personal circumstances justified the sentences imposed.

The sentencing judge correctly identified the case as exceptional, given the combination of the respondent's serious mental illness, strong evidence of rehabilitation prospects, her extensive community support network, and the need for supervised treatment upon release. The Court of Criminal Appeal found it was well open to the District Court to approach sentencing in the manner it did.

Orders Made

  • Crown appeal against sentence dismissed.

Key Takeaways

  • A serious psychiatric condition, including delusions and substantially impaired judgment, can constitute a significant mitigating factor in drug supply sentencing, even where the offending involved multiple transactions over several weeks rather than a single impulsive act.
  • In dismissing the appeal, the Court of Criminal Appeal confirmed that a sentencing court is not required to find that a defendant occupied a higher position in a supply chain merely because that defendant supplied drugs to another person who then on-supplied them.
  • Parity with a co-offender's sentence remains a relevant consideration, and where the co-offender has a substantially more serious criminal history, a lesser sentence for the other party may be appropriate.
  • The Court affirmed that a case may properly be characterised as "exceptional" where strong evidence exists of rehabilitative need, mental illness affecting culpability, and significant external support available upon release.
  • No single factor compelled the exceptional characterisation: the sentencing court's conclusion rested on the convergence of psychiatric evidence, personal circumstances, and rehabilitation prospects taken together.

Legislation and Cases Referenced

Legislation: None cited in the judgment text or metadata.

Cases: No specific cases cited in the judgment text or metadata.