R v Howell [2021] NSWDC 744

R v Howell [2021] NSWDC 744

A full-time sentence of imprisonment is required due to the seriousness of two counts of ongoing supply of prohibited drugs, undertaken while on parole and bail, involving multiple supplies for profit, with midrange seriousness, lessened to some extent by the offender's background, addiction, remorse, and support needs. Aggregate sentence fixed at 3 years with a non-parole period of 2 years, varied for special circumstances.

Jurisdiction
Australia
Judgment Date
16 December 2021
Procedural Posture
Criminal / Sentence
Outcome
Conviction on both counts; sentenced to an aggregate term of imprisonment with non-parole period, as varied for special circumstances.
Legal Topics
['sentencing' 'drug Offences' 'ongoing Supply of Prohibited Drugs']
['criminal Law'] ['sentencing' 'drug Offences' 'ongoing Supply of Prohibited Drugs']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ["What is the appropriate sentence for ongoing supply of prohibited drugs taking into account offences on Form 1, special circumstances, and the offender's circumstances?"]

Ratio Decidendi

A full-time sentence of imprisonment is required due to the seriousness of two counts of ongoing supply of prohibited drugs, undertaken while on parole and bail, involving multiple supplies for profit, with midrange seriousness, lessened to some extent by the offender's background, addiction, remorse, and support needs. Aggregate sentence fixed at 3 years with a non-parole period of 2 years, varied for special circumstances.

Court Disposition

Conviction on both counts; sentenced to an aggregate term of imprisonment with non-parole period, as varied for special circumstances.

Orders

  • ["Aggregate sentence: 3 years' imprisonment from 26 January 2021 with a non-parole period of 2 years; eligible for parole 25 January 2023." 'Overall sentence including accumulation: 3 years and 3 months imprisonment, non-parole period of 2 years and 3 months.']