R v Austen [2017] NSWDC 425

R v Austen [2017] NSWDC 425

The offender supplied cocaine in bulk, facilitating another to become a dealer, with objective criminality greater than comparable cases. The total quantity was significantly above the indictable threshold and purity levels were high. Special circumstances justified breaking the statutory ratio between head sentence and non-parole period. Full-time custodial sentence is imposed as no penalty other than imprisonment is appropriate.

Jurisdiction
Australia
Judgment Date
25 August 2017
Procedural Posture
Criminal / Sentence
Outcome
Conviction and custodial sentence imposed.
Legal Topics
['drug Supply' 'sentencing' 'special Circumstances']
['criminal Law'] ['drug Supply' 'sentencing' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Sentencing for supply of cocaine' 'Determination of objective criminality' 'Appropriate sentence considering special circumstances']

Ratio Decidendi

The offender supplied cocaine in bulk, facilitating another to become a dealer, with objective criminality greater than comparable cases. The total quantity was significantly above the indictable threshold and purity levels were high. Special circumstances justified breaking the statutory ratio between head sentence and non-parole period. Full-time custodial sentence is imposed as no penalty other than imprisonment is appropriate.

Court Disposition

Conviction and custodial sentence imposed.

Orders

  • ['Imprisonment for two years and three months, with a non-parole period of one year and three months commencing 27 July 2017 and expiring 26 October 2018.' 'Parole released at expiration of the non-parole period.' 'Further period of imprisonment of one year commencing after non-parole period and expiring 26 October...