R v Butler [2024] NSWDC 79

R v Butler [2024] NSWDC 79

The offender, by making the AWS premises available to co-offenders to store, inspect, and attempt to access concealed cocaine, facilitated the commission of an attempt to possess a commercial quantity of a border controlled drug, acting recklessly as to the contents. Taking into account the offender’s plea of guilty, reduced moral culpability due to mental health issues, good prior character, remorse, and prospects of rehabilitation, the appropriate sentence requires conviction and a three-year term of imprisonment, backdated to reflect pre-sentence custody, with release to a five-year recognisance after six months in custody, subject to conditions.

Parties
Crown: Rex; Offender: Kyle Lindsey Butler
Jurisdiction
Australia
Judgment Date
21 March 2024
Procedural Posture
Criminal / Sentence
Outcome
Kyle Butler is convicted and sentenced to 3 years imprisonment from 22 September 2023 to 21 September 2026. He is to be released on 21 March 2024, after 6 months, upon entering into a $1,000 recognisance to be of good behaviour for 5 years, with supervision and rehabilitation conditions.
Legal Topics
Drug Offences, Commonwealth Offences, Sentencing
Criminal Law Drug Offences Commonwealth Offences Sentencing

Case Brief

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Parties

Rex

Crown

Kyle Lindsey Butler

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for aiding, abetting, counselling or procuring the commission of attempted possession of a commercial quantity of a border controlled drug under the Criminal Code (Cth) sections 11.1(1), 11.2(1), and 307.5(1)?

Ratio Decidendi

The offender, by making the AWS premises available to co-offenders to store, inspect, and attempt to access concealed cocaine, facilitated the commission of an attempt to possess a commercial quantity of a border controlled drug, acting recklessly as to the contents. Taking into account the offender’s plea of guilty, reduced moral culpability due to mental health issues, good prior character, remorse, and prospects of rehabilitation, the appropriate sentence requires conviction and a three-year term of imprisonment, backdated to reflect pre-sentence custody, with release to a five-year recognisance after six months in custody, subject to conditions.

Court Disposition

Kyle Butler is convicted and sentenced to 3 years imprisonment from 22 September 2023 to 21 September 2026. He is to be released on 21 March 2024, after 6 months, upon entering into a $1,000 recognisance to be of good behaviour for 5 years, with supervision and rehabilitation conditions.

Orders

  • Kyle Butler is convicted.
  • Imprisonment for 3 years from 22 September 2023 to 21 September 2026.