R v Hannah [2016] NSWDC 195

R v Hannah [2016] NSWDC 195

Full-time imprisonment is required for those trafficking to a substantial degree in the absence of exceptional circumstances. Mr Hannah's offending demonstrated significant trafficking activity, and no exceptional circumstances were present. General deterrence is a prominent consideration, and rehabilitation, while significant, does not displace the need for full-time imprisonment in this case.

Jurisdiction
Australia
Judgment Date
13 May 2016
Procedural Posture
Criminal / Sentence
Outcome
Offender sentenced to imprisonment: non-parole period of 2 years, head sentence of 4 years. Matters on s 166 certificate withdrawn.
Legal Topics
['sentencing' 'drug Offences' 'form 1 Offences' 'trafficking to a Substantial Degree']
['criminal Law'] ['sentencing' 'drug Offences' 'form 1 Offences' 'trafficking to a Substantial Degree']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for drug supply to a substantial degree' 'Application of sentencing principle for substantial trafficking' 'Consideration of rehabilitation and general deterrence' 'Taking into account Form 1 matters in sentencing']

Ratio Decidendi

Full-time imprisonment is required for those trafficking to a substantial degree in the absence of exceptional circumstances. Mr Hannah's offending demonstrated significant trafficking activity, and no exceptional circumstances were present. General deterrence is a prominent consideration, and rehabilitation, while significant, does not displace the need for full-time imprisonment in this case.

Court Disposition

Offender sentenced to imprisonment: non-parole period of 2 years, head sentence of 4 years. Matters on s 166 certificate withdrawn.

Orders

  • ['Offender is sentenced to imprisonment consisting of a non-parole period of 2 years and a head sentence of 4 years, commencing 31 March 2016, with eligibility for parole on 30 March 2018.' 'Matters on s 166 certificate are withdrawn.']