R v Bunny Bannister [2019] NSWDC 37

R v Bunny Bannister [2019] NSWDC 37

The court assessed the objective seriousness as below the mid-range because, although the quantity of drugs was large, the offender's role was only as a storeman and he had no organisational or distributive function; this, together with his plea, remorse, lack of antecedents and hardship in custody, justified a lower sentence than his co-offenders, though still a substantial full-time custodial term.

Parties
Prosecution: Director of Public Prosecutions (Crown); Offender: Bunny Bannister
Jurisdiction
Australia
Judgment Date
01 March 2019
Procedural Posture
Criminal / Sentence
Outcome
Offender sentenced to full-time custodial sentence; conviction entered.
Legal Topics
Drug Offences, Sentencing, Parity in Sentencing, Remorse, Objective Seriousness
Criminal Law Drug Offences Sentencing Parity in Sentencing Remorse Objective Seriousness

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Parties

Director of Public Prosecutions (Crown)

Prosecution

Bunny Bannister

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for an offender convicted of supply of prohibited drug (large commercial quantity)
  2. 2 How should the offender's lesser role and personal circumstances affect sentence
  3. 3 How is parity between co-offenders to be maintained in sentencing

Ratio Decidendi

The court assessed the objective seriousness as below the mid-range because, although the quantity of drugs was large, the offender's role was only as a storeman and he had no organisational or distributive function; this, together with his plea, remorse, lack of antecedents and hardship in custody, justified a lower sentence than his co-offenders, though still a substantial full-time custodial term.

Court Disposition

Offender sentenced to full-time custodial sentence; conviction entered.

Orders

  • Offender convicted of supply prohibited drug greater than a large commercial quantity, namely, 67.477 kgs of methylamphetamine pursuant to s 25(2) of the DMTA.
  • Offender sentenced to a non-parole period of 4 years and 10 months commencing on 1 December 2015 and terminating on 30 September 2020.