R v Parker (No 3) [2018] NSWSC 1132

R v Parker (No 3) [2018] NSWSC 1132

In light of the very small quantity of heroin supplied, the significant period already spent on remand (15 months), Mr Parker’s plea of guilty, and relevant legal principles of proportionality, it would be disproportionate to impose any further penalty. Thus, the court ordered conviction but disposed of the proceedings without further penalty under s 10A of the Crimes (Sentencing Procedure) Act 1999 (NSW).

Parties
Crown: Regina; Offender: Mark Patrick Parker
Jurisdiction
Australia
Judgment Date
19 July 2018
Procedural Posture
Criminal Sentencing / Sentencing After Guilty Plea and Acquittal on Related Charge
Outcome
Conviction recorded without further penalty under s 10A of the Crimes (Sentencing Procedure) Act 1999 (NSW)
Legal Topics
Sentencing, Supply of Prohibited Drugs, Effect of Time on Remand, Proportionality of Sentence
Criminal Law Sentencing Supply of Prohibited Drugs Effect of Time on Remand Proportionality of Sentence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Crown

Mark Patrick Parker

Offender

Procedural Posture

Criminal Sentencing / Sentencing After Guilty Plea and Acquittal on Related Charge

Legal Issues

  1. 1 What is the appropriate sentence for supply of a prohibited drug (heroin) in light of time spent on remand and acquittal on a related indictable offence?
  2. 2 Is it proportionate to impose a further penalty (e.g. bond) when the time on remand may exceed the appropriate sentencing range for the offence?

Ratio Decidendi

In light of the very small quantity of heroin supplied, the significant period already spent on remand (15 months), Mr Parker’s plea of guilty, and relevant legal principles of proportionality, it would be disproportionate to impose any further penalty. Thus, the court ordered conviction but disposed of the proceedings without further penalty under s 10A of the Crimes (Sentencing Procedure) Act 1999 (NSW).

Court Disposition

Conviction recorded without further penalty under s 10A of the Crimes (Sentencing Procedure) Act 1999 (NSW)

Orders

  • Order that Mark Patrick Parker be convicted of the offence of supply prohibited drugs, namely heroin, contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW).
  • Order, pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999 (NSW), that the proceedings be disposed of without imposing any other penalty.