R v Kramer [2018] NSWDC 491

R v Kramer [2018] NSWDC 491

The offender's drug supply, firearm and driving offences were objectively serious, particularly because the drug quantities substantially exceeded indictable thresholds, the shortened firearm was connected with premises used in a drug distribution network, and the police pursuit involved dangerous driving while disqualified. The offender was more significantly involved than his co-offender, so parity did not require comparable suspended sentences. Although the Court allowed a 10% discount for belated guilty pleas, accepted remorse, contrition, reduced moral culpability under Fernando and Bugmy, and reasonable rehabilitation prospects, specific and general deterrence required full-time...

Jurisdiction
Australia
Judgment Date
11 May 2018
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas
Outcome
Convicted. Aggregate sentence of imprisonment for 5 years with a non-parole period of 3 years. Special circumstances found. Forfeiture order made.
Legal Topics
['aggregate Sentence' 'supply Prohibited Drugs' 'possession of Prohibited Drugs' 'possession of Shortened Firearm Without Authority' 'police Pursuit Not Stop, Drive Dangerously' 'driving During Disqualification' 'form 1 Matters' 's 166 Certificate Matters' 'special Circumstances' 'forfeiture']
['criminal Law' 'sentencing'] ['aggregate Sentence' 'supply Prohibited Drugs' 'possession of Prohibited Drugs' 'possession of Shortened Firearm Without Authority' 'police Pursuit Not Stop, Drive Dangerously' 'driving During Disqualification' 'form 1 Matters' 's 166 Certificate Matters' 'special Circumstances' 'forfeiture']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for multiple drug, firearm and driving offences.' 'The objective seriousness of agreements to supply prohibited drugs, deemed supply of methylamphetamine, possession of a shortened firearm, and dangerous police pursuit offending.' 'Whether Form 1 matters and s 166 certificate matters should be taken into account in sentence.' 'Whether parity with the co-offender Tim Corrigan affected the sentence to be imposed.' 'Whether special circumstances justified a longer parole period.' 'Whether cash found at the storage premises should be forfeited.']

Ratio Decidendi

The offender's drug supply, firearm and driving offences were objectively serious, particularly because the drug quantities substantially exceeded indictable thresholds, the shortened firearm was connected with premises used in a drug distribution network, and the police pursuit involved dangerous driving while disqualified. The offender was more significantly involved than his co-offender, so parity did not require comparable suspended sentences. Although the Court allowed a 10% discount for belated guilty pleas, accepted remorse, contrition, reduced moral culpability under Fernando and Bugmy, and reasonable rehabilitation prospects, specific and general deterrence required full-time...

Court Disposition

Convicted. Aggregate sentence of imprisonment for 5 years with a non-parole period of 3 years. Special circumstances found. Forfeiture order made.

Orders

  • ['SEQ 48, 49 withdrawn and dismissed.' 'SEQ 1-6, 8, 10, 12-19, 21-24, 25, 27, 29-39, 42, 45 backup offences withdrawn and dismissed.' 'Sentenced to a term of imprisonment for 5 years comprising a non-parole period of 3 years commencing on 18 June 2016 and expiring on 17 June 2019, and a balance of term of 2 years...