Regina v Jasper [2004] NSWSC 155

Regina v Jasper [2004] NSWSC 155

The appropriate sentence is one greater than any previously imposed sentence for the same conduct, equal to that imposed on the co-offender for the identical offence, but made concurrent so as not to increase the overall length of imprisonment, thereby reflecting parity, totality, and avoiding double punishment.

Jurisdiction
Australia
Judgment Date
11 March 2004
Procedural Posture
Criminal / Sentencing
Outcome
Prisoner sentenced to 5 years' imprisonment for supply of heroin, with a non-parole period of 3 years; sentence to be served concurrently with previous sentences and not increasing overall sentence length.
Legal Topics
['sentencing' 'supply of Heroin' 'double Jeopardy' 'parity' 'totality']
['criminal Law'] ['sentencing' 'supply of Heroin' 'double Jeopardy' 'parity' 'totality']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for supply of heroin where prisoner has previously been sentenced for related conduct' 'Application of totality and parity principles in sentencing' 'Whether imposing additional penalty constitutes double punishment for same criminal activity']

Ratio Decidendi

The appropriate sentence is one greater than any previously imposed sentence for the same conduct, equal to that imposed on the co-offender for the identical offence, but made concurrent so as not to increase the overall length of imprisonment, thereby reflecting parity, totality, and avoiding double punishment.

Court Disposition

Prisoner sentenced to 5 years' imprisonment for supply of heroin, with a non-parole period of 3 years; sentence to be served concurrently with previous sentences and not increasing overall sentence length.

Orders

  • ['Imprisonment for 5 years, commencing 27 February 2005, expiring 26 February 2010.' 'Fix a non-parole period of 3 years to expire on 26 February 2008.' 'Sentence to be concurrent with sentences imposed on 11 April 2003.' 'Eligibility for release on parole on 26 February 2008.']