R v Peter May [2018] NSWDC 446

R v Peter May [2018] NSWDC 446

Given the low to mid-range objective seriousness of the offences, prior convictions, history of addiction, and special circumstances, an aggregate sentence incorporating the utilitarian discount and adjusted non-parole period appropriately addresses the gravity of overall criminality, rehabilitative prospects, and consistent sentencing principles.

Jurisdiction
Australia
Judgment Date
13 September 2018
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and sentence imposed
Legal Topics
['drug Supply' 'sentencing' 'plea of Guilty' 'aggregate Sentence' 'personal and General Deterrence' 'special Circumstances']
['criminal Law'] ['drug Supply' 'sentencing' 'plea of Guilty' 'aggregate Sentence' 'personal and General Deterrence' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for multiple prohibited drug supply offences' 'Appropriate recognition of utilitarian value of guilty plea' 'Consideration of Form 1 offences' 'Special circumstances in non-parole period determination' 'Application of proportionality, totality, concurrency and accumulation principles']

Ratio Decidendi

Given the low to mid-range objective seriousness of the offences, prior convictions, history of addiction, and special circumstances, an aggregate sentence incorporating the utilitarian discount and adjusted non-parole period appropriately addresses the gravity of overall criminality, rehabilitative prospects, and consistent sentencing principles.

Court Disposition

Conviction and sentence imposed

Orders

  • ['Peter May convicted of four offences of prohibited drug supply as set out in Crown Sentence Summary' 'Aggregate sentence of imprisonment of 5 years and 6 months imposed' 'Non-parole period of 3 years and 8 months commencing 15 December 2016 and expiring 14 August 2020' 'Drugs seized by police to be destroyed'...