R v Jennings; R v Turner [2021] NSWDC 303

R v Jennings; R v Turner [2021] NSWDC 303

After applying a 25% discount for the guilty pleas, considering the objective seriousness of the drug and firearms offending, the Form 1 and s 166 matters, Jennings' conditional liberty and criminal record, Turner's limited record, both offenders' drug addiction, remorse, rehabilitation prospects and special circumstances, the Court imposed immediate aggregate imprisonment rather than intensive correction orders: Jennings received three years with a 20 month non-parole period, and Turner received two years and four months with a 13 month non-parole period.

Jurisdiction
Australia
Judgment Date
18 February 2021
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty
Outcome
Both offenders were convicted and sentenced to aggregate terms of imprisonment; special circumstances and confiscation orders were made; an intensive corrections order was refused.
Legal Topics
['aggregate Sentence' 'non Parole Period' 'plea of Guilty Discount' 'form 1 Offences' 'section 166 Certificate' 'conditional Liberty' 'drug Addiction' 'rehabilitation' 'special Circumstances' 'intensive Correction Order']
['criminal Law' 'sentencing' 'drug Offences' 'firearms Offences'] ['aggregate Sentence' 'non Parole Period' 'plea of Guilty Discount' 'form 1 Offences' 'section 166 Certificate' 'conditional Liberty' 'drug Addiction' 'rehabilitation' 'special Circumstances' 'intensive Correction Order']

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Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What aggregate sentence and non-parole period should be imposed on Josh Jennings for drug supply, firearms and related offences.' 'What aggregate sentence and non-parole period should be imposed on Mikaela Turner for ongoing drug supply and related offences.' 'How the court should assess objective seriousness, Form 1 matters, conditional liberty, prior record, guilty pleas, drug addiction, rehabilitation, remorse and special circumstances.' 'Whether the terms of imprisonment should be dealt with by way of an intensive corrections order.']

Ratio Decidendi

After applying a 25% discount for the guilty pleas, considering the objective seriousness of the drug and firearms offending, the Form 1 and s 166 matters, Jennings' conditional liberty and criminal record, Turner's limited record, both offenders' drug addiction, remorse, rehabilitation prospects and special circumstances, the Court imposed immediate aggregate imprisonment rather than intensive correction orders: Jennings received three years with a 20 month non-parole period, and Turner received two years and four months with a 13 month non-parole period.

Court Disposition

Both offenders were convicted and sentenced to aggregate terms of imprisonment; special circumstances and confiscation orders were made; an intensive corrections order was refused.

Orders

  • ['Josh Jennings is convicted of each offence.' 'For Josh Jennings, taking into account the 25% discount for pleas of guilty, the indicative sentence for sequence 1, taking into account Form 1 matters sequences 4, 8 and 15, is 22 months.' 'For Josh Jennings, taking into account the 25% discount for pleas of guilty,...