R v Hitchen [2020] NSWDC 753

R v Hitchen [2020] NSWDC 753

Having regard to the nature and quantity of drugs found, the offender's role as a junior partner in an ongoing commercial supply operation, his prior trafficking conviction, the objective seriousness falling below mid-range but not lowest, and the need for deterrence, an aggregate sentence of six years with a non-parole period of three years ten months was appropriate. Special circumstances justified departure from the standard parole ratio due to the need for monitoring on release.

Jurisdiction
Australia
Judgment Date
12 October 2020
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced
Legal Topics
['sentencing' 'drug Offences' 'knowingly Take Part in Supply' 'possession of Unauthorised Firearm' 'proceeds of Crime' 'parity']
['criminal Law'] ['sentencing' 'drug Offences' 'knowingly Take Part in Supply' 'possession of Unauthorised Firearm' 'proceeds of Crime' 'parity']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for knowingly taking part in the supply of a commercial quantity of methylamphetamine' 'Appropriate sentence for possession of unauthorised firearm' 'Application of sentencing discounts for guilty pleas' 'Consideration of parity with co-offender' 'Assessment of objective and subjective seriousness of offending' 'Application of principles of totality and accumulation in sentencing' 'Identification of special circumstances for varying parole ratio']

Ratio Decidendi

Having regard to the nature and quantity of drugs found, the offender's role as a junior partner in an ongoing commercial supply operation, his prior trafficking conviction, the objective seriousness falling below mid-range but not lowest, and the need for deterrence, an aggregate sentence of six years with a non-parole period of three years ten months was appropriate. Special circumstances justified departure from the standard parole ratio due to the need for monitoring on release.

Court Disposition

Convicted and sentenced

Orders

  • ["Aggregate sentence of six years' imprisonment from 11/10/18 to 10/10/24 with a non-parole period of three years ten months expiring 10/8/22." 'Indicative sentence: knowingly take part in supply comm qty – 5 years 10 months with NPP 3 years 9 months (Form 1 taken into account).' 'Indicative sentence: possess...