R v Hunter [2017] NSWDC 385

R v Hunter [2017] NSWDC 385

Given Ms Hunter’s highly unstable background, her long-standing drug addiction, her abstinence from drugs in custody, and her first time in adult custody, special circumstances were found warranting a non-standard non-parole period. Partial accumulation of sentences was justified by the distinct periods of offending. An aggregate sentence of four years was imposed, with a non-parole period of two years.

Parties
Prosecution: The Crown; Offender: Cassandra Hunter
Jurisdiction
Australia
Judgment Date
10 November 2017
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence of imprisonment imposed. Non-parole period of 2 years, head sentence of 4 years. Matter adjourned for consideration of a drug proceeds order.
Legal Topics
Sentence, Supply Prohibited Drugs, Form 1 Offences, Drug Possession, Participation in a Criminal Group
Criminal Law Sentence Supply Prohibited Drugs Form 1 Offences Drug Possession Participation in a Criminal Group

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Parties

The Crown

Prosecution

Cassandra Hunter

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for ongoing supply of prohibited drugs
  2. 2 Consideration of offender's background and prospects for rehabilitation
  3. 3 Special circumstances justifying variation from standard sentencing

Ratio Decidendi

Given Ms Hunter’s highly unstable background, her long-standing drug addiction, her abstinence from drugs in custody, and her first time in adult custody, special circumstances were found warranting a non-standard non-parole period. Partial accumulation of sentences was justified by the distinct periods of offending. An aggregate sentence of four years was imposed, with a non-parole period of two years.

Court Disposition

Aggregate sentence of imprisonment imposed. Non-parole period of 2 years, head sentence of 4 years. Matter adjourned for consideration of a drug proceeds order.

Orders

  • The offender is sentenced to an aggregate term of imprisonment consisting of a non-parole period of 2 years with a head sentence of 4 years.
  • Non-parole period dated from 18 July 2016.