R v Henson [2019] NSWDC 874

R v Henson [2019] NSWDC 874

The offender is sentenced based on his conviction for supply of prohibited drug greater than commercial quantity, with consideration of related offences on Form 1, special circumstances found for first-time imprisonment and need for extended supervision, and full 25% utilitarian discount applied for early pleas. The objective seriousness is assessed as just below mid-range, and offender’s prospects for rehabilitation and remorse are given significant weight.

Jurisdiction
Australia
Judgment Date
24 July 2019
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment for 4 years and 3 months with a non-parole period of 2 years and 3 months.
Legal Topics
['sentence' 'supply Prohibited Drug Greater Than Commercial Quantity' 'methylamphetamine' 'form 1' 'possess Prohibited Drug' 'deal With the Proceeds of Crime']
['criminal Law'] ['sentence' 'supply Prohibited Drug Greater Than Commercial Quantity' 'methylamphetamine' 'form 1' 'possess Prohibited Drug' 'deal With the Proceeds of Crime']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for supply of methylamphetamine greater than commercial quantity' 'Consideration of related offences on Form 1 including supply cocaine, possession of prohibited drugs, and dealing with proceeds of crime' 'Assessment of objective seriousness of the offence' 'Consideration of offender’s mitigating circumstances and prospects for rehabilitation' 'Application of special circumstances and utilitarian discount']

Ratio Decidendi

The offender is sentenced based on his conviction for supply of prohibited drug greater than commercial quantity, with consideration of related offences on Form 1, special circumstances found for first-time imprisonment and need for extended supervision, and full 25% utilitarian discount applied for early pleas. The objective seriousness is assessed as just below mid-range, and offender’s prospects for rehabilitation and remorse are given significant weight.

Court Disposition

Convicted and sentenced to imprisonment for 4 years and 3 months with a non-parole period of 2 years and 3 months.

Orders

  • ['Imprisonment for 4 years and 3 months from 14 September 2018 to 13 December 2022' 'Non-parole period of 2 years and 3 months with earliest parole eligibility on 13 December 2020' 'Orders pursuant to Confiscation of Proceeds of Crime Act relating to $1,595 cash, two mobile phones, and drug proceeds order for...