R v McALLISTER [2021] NSWDC 170

R v McALLISTER [2021] NSWDC 170

The gravity of the offences, the breach of parole and good behaviour bonds, and the need for general deterrence required a full-time custodial sentence. An aggregate sentence was appropriate, with special circumstances found to allow for extended supervision and residential rehabilitation. The non-parole period was set to reflect these special circumstances. The possession and supply offences, while below mid-range in seriousness, nevertheless warranted substantial penalties due to repeated offending and aggravating breach factors.

Parties
Crown: Director of Public Prosecutions; Offender: Scott Bernard McALISTER
Jurisdiction
Australia
Judgment Date
12 April 2021
Procedural Posture
Criminal / Sentencing
Outcome
Conviction, aggregate custodial sentence imposed
Legal Topics
Firearm Offences, Drug Offences, Property Offences, Sentencing, Weapons Prohibition Order, Breach of Parole, Aggregate Sentencing, General Deterrence, Special Circumstances
Criminal Law Firearm Offences Drug Offences Property Offences Sentencing Weapons Prohibition Order Breach of Parole Aggregate Sentencing +2 more

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Parties

Director of Public Prosecutions

Crown

Scott Bernard McALISTER

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Possession of prohibited weapons
  2. 2 Possession of prohibited weapon in contravention of Weapons Prohibition Order
  3. 3 Possession of prohibited drug with intent to supply

Ratio Decidendi

The gravity of the offences, the breach of parole and good behaviour bonds, and the need for general deterrence required a full-time custodial sentence. An aggregate sentence was appropriate, with special circumstances found to allow for extended supervision and residential rehabilitation. The non-parole period was set to reflect these special circumstances. The possession and supply offences, while below mid-range in seriousness, nevertheless warranted substantial penalties due to repeated offending and aggravating breach factors.

Court Disposition

Conviction, aggregate custodial sentence imposed

Orders

  • The offender is sentenced to an aggregate sentence of 3 years with a non-parole period of 1 year 8 months.
  • Non-parole period dates from 30 August 2020 and expires on 29 April 2022.