R v Baxter [2022] NSWDC 708

R v Baxter [2022] NSWDC 708

Given Baxter's plea of guilty, background of deprivation, addiction, and remorse, but weighing his significant and managerial role in the drug operation and the objective seriousness of the offences, the Court imposes an aggregate sentence of 4 years and 9 months imprisonment with a non-parole period of 2 years, also finding special circumstances due to COVID conditions and subjective case. Parity with co-offender Leaaetoa is not warranted due to Baxter's higher objective seriousness and role.

Parties
Prosecution: Regina (Office of the Director of Public Prosecutions); Offender: Nathan Baxter
Jurisdiction
Australia
Judgment Date
14 July 2022
Procedural Posture
Sentence / Sentence Hearing and Orders
Outcome
Aggregate term of imprisonment of 4 years and 9 months with a non-parole period of 2 years; special circumstances found; confiscation orders made.
Legal Topics
Drug Offences, Supply Prohibited Drug, Money Laundering, Proceeds of Crime, Possession of Prohibited Weapon, Sentencing – Aggravating and Mitigating Factors, Sentencing – Aggregate Sentences, Sentencing – Non Parole Period, Sentencing – Parity and Totality, Sentencing – Special Circumstances
Criminal Law Drug Offences Supply Prohibited Drug Money Laundering Proceeds of Crime Possession of Prohibited Weapon Sentencing – Aggravating and Mitigating Factors Sentencing – Aggregate Sentences +3 more

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Parties

Regina (Office of the Director of Public Prosecutions)

Prosecution

Nathan Baxter

Offender

Procedural Posture

Sentence / Sentence Hearing and Orders

Legal Issues

  1. 1 Determination of appropriate sentence for multiple drug and related offences, including supply of large commercial quantity of prohibited drugs, dealing with proceeds of crime, and possession of prohibited weapon.
  2. 2 Assessment of objective seriousness, moral culpability, and impact of background and addiction.
  3. 3 Consideration of parity in sentencing compared to co-offenders.

Ratio Decidendi

Given Baxter's plea of guilty, background of deprivation, addiction, and remorse, but weighing his significant and managerial role in the drug operation and the objective seriousness of the offences, the Court imposes an aggregate sentence of 4 years and 9 months imprisonment with a non-parole period of 2 years, also finding special circumstances due to COVID conditions and subjective case. Parity with co-offender Leaaetoa is not warranted due to Baxter's higher objective seriousness and role.

Court Disposition

Aggregate term of imprisonment of 4 years and 9 months with a non-parole period of 2 years; special circumstances found; confiscation orders made.

Orders

  • The offender is convicted of each offence.
  • Taking into account a 25% discount for pleas of guilty, indicative sentences are: Sequence 12 (with Form 1), 4 years with a non-parole period of 2 years; Sequence 14, 22 months; Sequence 16, 18 months; Sequence 17, 12 months; Sequence 7 (with Form 1), 8 months with a non-parole period of 4 months.