R v Bower [2022] NSWDC 559

R v Bower [2022] NSWDC 559

Given the offending is towards the bottom of the range for such offences and taking account of the offender's personal circumstances, guilty plea, and time in onerous custody, a total sentence of 5 years imprisonment, with a non-parole period of 2 years and 6 months, is appropriate for the primary offence. The related summary offence is to be recorded as a conviction with no further penalty pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999 (NSW).

Jurisdiction
Australia
Judgment Date
17 May 2022
Procedural Posture
Criminal / Sentencing After Plea of Guilty
Outcome
Convicted. Sentenced to 5 years imprisonment (2 years 6 months non-parole, 2 years 6 months parole). Related offence: convicted with no further penalty.
Legal Topics
['drug Offences' 'sentencing' 'plea of Guilty' 'non Parole Period' 'form 1 Offence' 'aggravating and Mitigating Factors']
['criminal Law'] ['drug Offences' 'sentencing' 'plea of Guilty' 'non Parole Period' 'form 1 Offence' 'aggravating and Mitigating Factors']

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Procedural Posture

Criminal / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['What is the appropriate sentence for knowingly taking part in the supply of a large commercial quantity of cocaine under s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW)?' 'How should related and summary offences (Form 1 and others) be taken into account during sentencing?' 'How do subjective factors such as mental health, prospects of rehabilitation, remorse, and COVID-19 incarceration impacts affect the sentence?']

Ratio Decidendi

Given the offending is towards the bottom of the range for such offences and taking account of the offender's personal circumstances, guilty plea, and time in onerous custody, a total sentence of 5 years imprisonment, with a non-parole period of 2 years and 6 months, is appropriate for the primary offence. The related summary offence is to be recorded as a conviction with no further penalty pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999 (NSW).

Court Disposition

Convicted. Sentenced to 5 years imprisonment (2 years 6 months non-parole, 2 years 6 months parole). Related offence: convicted with no further penalty.

Orders

  • ['The offender is convicted of the substantive offence of knowingly taking part in the supply of a large commercial quantity of the prohibited drug cocaine.' 'Sentenced to a non-parole period of 2 years and 6 months commencing 30 October 2020 and expiring 29 April 2023, with parole thereafter of 2 years and 6 months...