R v Barta [2022] NSWDC 587

R v Barta [2022] NSWDC 587

Given the offender's significant but unsophisticated involvement in long-term drug trafficking, his acknowledgement of guilt, severe PTSD and substance use disorder stemming from early childhood trauma, positive prison conduct, age, and need for rehabilitation, a head sentence of eight years and six months imprisonment with a non-parole period of five years and three months and special circumstances justifying an extended parole period is appropriate.

Jurisdiction
Australia
Judgment Date
05 August 2022
Procedural Posture
Criminal / Sentence
Outcome
Guilty plea entered and convictions recorded; sentenced to imprisonment with identified non-parole period.
Legal Topics
['sentence' 'drug Offences' 'deemed Supply' 'possession of Firearm' 'mental Illness' 'de La Rosa Considerations']
['criminal Law'] ['sentence' 'drug Offences' 'deemed Supply' 'possession of Firearm' 'mental Illness' 'de La Rosa Considerations']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ["What is the appropriate sentence for multiple deemed supply of prohibited drugs (heroin, cocaine, methylamphetamine) and possession of unauthorised prohibited firearm given the offender's history, mental illness, and circumstances?"]

Ratio Decidendi

Given the offender's significant but unsophisticated involvement in long-term drug trafficking, his acknowledgement of guilt, severe PTSD and substance use disorder stemming from early childhood trauma, positive prison conduct, age, and need for rehabilitation, a head sentence of eight years and six months imprisonment with a non-parole period of five years and three months and special circumstances justifying an extended parole period is appropriate.

Court Disposition

Guilty plea entered and convictions recorded; sentenced to imprisonment with identified non-parole period.

Orders

  • ['On each offence pleaded, convicted and sentenced to imprisonment.' 'Non-parole period: 5 years 3 months (from 10 Feb 2021 to 9 May 2026).' 'Further imprisonment: 3 years 3 months (to 9 August 2029).' 'Total: 8 years 6 months.' 'Three Form 1s taken into account.' 'Indicative sentences: Sequence 9 – 3 years;...