R v Kirk [2018] NSWDC 217

R v Kirk [2018] NSWDC 217

An aggregate sentence of seven years imprisonment with a non-parole period of three and a half years was warranted because the offender repeatedly engaged in drug supply involving methylamphetamine and cocaine, including while on both bail and parole, demonstrating serious disobedience to the law and a need for general and personal deterrence; his guilty pleas, personal background, ADHD, drug addiction and need for support mitigated the sentence but did not outweigh the seriousness of the offending.

Jurisdiction
Australia
Judgment Date
03 July 2018
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas
Outcome
The offender was sentenced to an aggregate term of imprisonment consisting of a head sentence of 7 years with a non-parole period of 3½ years.
Legal Topics
['sentence' 'drug Supply' 'forms 1' 's166 Certificate' 'conditional Liberty' 'cocaine' 'methylamphetamine' 'forfeiture Order']
['criminal Law'] ['sentence' 'drug Supply' 'forms 1' 's166 Certificate' 'conditional Liberty' 'cocaine' 'methylamphetamine' 'forfeiture Order']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 31.5 grams of methylamphetamine, 3.52 grams of cocaine and 14.72 grams of methylamphetamine, taking Form 1 matters into account where appropriate.' "How the offender's commission of drug supply offences while on bail and parole should affect sentence." "Whether the offender's drug addiction, ADHD, guilty pleas, guarded rehabilitation prospects and need for support justified mitigation or special circumstances." 'Whether an aggregate sentence and forfeiture order should be made.']

Ratio Decidendi

An aggregate sentence of seven years imprisonment with a non-parole period of three and a half years was warranted because the offender repeatedly engaged in drug supply involving methylamphetamine and cocaine, including while on both bail and parole, demonstrating serious disobedience to the law and a need for general and personal deterrence; his guilty pleas, personal background, ADHD, drug addiction and need for support mitigated the sentence but did not outweigh the seriousness of the offending.

Court Disposition

The offender was sentenced to an aggregate term of imprisonment consisting of a head sentence of 7 years with a non-parole period of 3½ years.

Orders

  • ['The aggregate sentence is seven years imprisonment with a non-parole period of three and a half years, to date from 3 January 2018.' 'The offender is eligible to be released to parole on 2 July 2021.' 'All matters on the 166 certificate are to be withdrawn and are dismissed.' 'Forfeiture of $890 is ordered.']