R v Swift [2023] NSWDC 486

R v Swift [2023] NSWDC 486

An aggregate sentence of 3 years 6 months' imprisonment with a non-parole period of 2 years 3 months is appropriate, accounting for the offender's subordinate but persistent role in a commercial drug supply operation and participation in a criminal group; the plea of guilty warrants a 25% discount; subjective features including childhood trauma, addiction, supportive relationships, and demonstrated remorse justify a finding of special circumstances and thus a longer parole period to promote reintegration and rehabilitation, balancing the gravity of the offending with the offender's personal circumstances.

Jurisdiction
Australia
Judgment Date
25 August 2023
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate term of 3 years 6 months imprisonment with non-parole period of 2 years 3 months; forfeiture of $20,000; s 10A disposition for driving offence; finding of special circumstances.
Legal Topics
['drug Offences' 'supply of Prohibited Drugs' 'participation in Criminal Group' 'sentencing' 'form 1 Offences' 'plea of Guilty' 'objective Seriousness' 'subjective Considerations' 'childhood Trauma' 'drug Addiction' 'mental Health' 'special Circumstances']
['criminal Law'] ['drug Offences' 'supply of Prohibited Drugs' 'participation in Criminal Group' 'sentencing' 'form 1 Offences' 'plea of Guilty' 'objective Seriousness' 'subjective Considerations' 'childhood Trauma' 'drug Addiction' 'mental Health' 'special Circumstances']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ["What is the appropriate sentence for offences of participating in a criminal group and supply of a commercial quantity of cocaine, taking into account Form 1 matters, the offender's plea of guilty, and subjective circumstances including childhood trauma and addiction?" "How should objective and subjective facts, including the offender's role, past trauma, addiction, and prospects for rehabilitation impact sentencing?"]

Ratio Decidendi

An aggregate sentence of 3 years 6 months' imprisonment with a non-parole period of 2 years 3 months is appropriate, accounting for the offender's subordinate but persistent role in a commercial drug supply operation and participation in a criminal group; the plea of guilty warrants a 25% discount; subjective features including childhood trauma, addiction, supportive relationships, and demonstrated remorse justify a finding of special circumstances and thus a longer parole period to promote reintegration and rehabilitation, balancing the gravity of the offending with the offender's personal circumstances.

Court Disposition

Aggregate term of 3 years 6 months imprisonment with non-parole period of 2 years 3 months; forfeiture of $20,000; s 10A disposition for driving offence; finding of special circumstances.

Orders

  • ['Aggregate sentence of 3 years and 6 months commencing 6 September 2021, non-parole period of 2 years 3 months.' 'Forfeiture order of $20,000.' 's 10A Crimes (Sentencing Procedure) Act disposition for driving with mobile phone offence.' 'Finding of special circumstances.']