R v Michael John HARDES [2005] NSWDC 4

R v Michael John HARDES [2005] NSWDC 4

The sentence is based on supply of only the 440 grams of methylamphetamine found, taking into account the time since the offence, the offender's injury, lack of prison history, and absence of financial gain, but also the seriousness of the offence and lack of demonstrated remorse.

Parties
Prosecution: Crown; Accused: Michael John Hardes
Jurisdiction
Australia
Judgment Date
21 October 2005
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to imprisonment
Legal Topics
Sentence, Supply of Commercial Quantity of Methylamphetamine
Criminal Law Sentence Supply of Commercial Quantity of Methylamphetamine

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Parties

Crown

Prosecution

Michael John Hardes

Accused

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for supply of commercial quantity of methylamphetamine
  2. 2 Consideration of criminal history and circumstances
  3. 3 Relevance of injury and special circumstances

Ratio Decidendi

The sentence is based on supply of only the 440 grams of methylamphetamine found, taking into account the time since the offence, the offender's injury, lack of prison history, and absence of financial gain, but also the seriousness of the offence and lack of demonstrated remorse.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • Imprisonment for possession of a crossbow and cannabis: fixed term of six months from 21 June 2005
  • Imprisonment for supply of commercial quantity of methylamphetamine: three years with a non-parole period of eighteen months commencing 21 September 2005