R v Barnes [2018] NSWDC 329

R v Barnes [2018] NSWDC 329

Given the seriousness of supplying drugs on an ongoing basis, the offender's criminal history, prior breaches of bonds for serious offences, and the utilitarian value of the guilty plea, fixed and cumulative sentences of imprisonment were imposed for the respective offences, with the non-parole period and head sentences specified.

Jurisdiction
Australia
Judgment Date
05 July 2018
Procedural Posture
Criminal / Sentencing
Outcome
Multiple fixed terms of imprisonment imposed; sentences partly cumulative; parole granted after non-parole period.
Legal Topics
['sentence' 'form 1' 'breach of Bonds' 'supply Drugs on an Ongoing Basis' 'deal With Property Suspected of Being Proceeds of Crime' 'assault Occasioning Actual Bodily Harm' 'criminal Damage']
['criminal Law'] ['sentence' 'form 1' 'breach of Bonds' 'supply Drugs on an Ongoing Basis' 'deal With Property Suspected of Being Proceeds of Crime' 'assault Occasioning Actual Bodily Harm' 'criminal Damage']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentencing for supply of prohibited drugs on an ongoing basis' 'Consideration of offences taken into account under Form 1' 'Sentencing for breach of previously imposed bonds for assault occasioning actual bodily harm and criminal damage']

Ratio Decidendi

Given the seriousness of supplying drugs on an ongoing basis, the offender's criminal history, prior breaches of bonds for serious offences, and the utilitarian value of the guilty plea, fixed and cumulative sentences of imprisonment were imposed for the respective offences, with the non-parole period and head sentences specified.

Court Disposition

Multiple fixed terms of imprisonment imposed; sentences partly cumulative; parole granted after non-parole period.

Orders

  • ['For the offence of assault occasioning actual bodily harm: 12 months fixed term of imprisonment commencing 2 August 2017.' 'For the offence of criminal damage: 6 months fixed term of imprisonment commencing 2 August 2017.' 'For the offence of supply prohibited drug (taking into account matter on a Form 1):...