R v Hogan [2021] NSWDC 747

R v Hogan [2021] NSWDC 747

Sentence imposed having regard to offender's similar involvement as co-offenders, mitigating factors including remorse, rehabilitation, mental illness, and adverse media attention, with special circumstances justifying a reduced non-parole period.

Parties
Prosecutor: Regina (Office of the Director of Public Prosecutions); Offender: Danielle Hogan
Jurisdiction
Australia
Judgment Date
13 December 2021
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to a term of imprisonment of three years and ten months with a non-parole period of 17 months; special circumstances found.
Legal Topics
Sentencing, Mitigating Factors, Plea of Guilty, Rehabilitation, Remorse, Objective Seriousness, Moral Culpability, Special Circumstances, Drug Supply, Penalties, Imprisonment, Co Offenders, Deterrence, Mental Illness, Extra Curial Punishment
Criminal Law Sentencing Mitigating Factors Plea of Guilty Rehabilitation Remorse Objective Seriousness Moral Culpability +8 more

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Parties

Regina (Office of the Director of Public Prosecutions)

Prosecutor

Danielle Hogan

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for supply of prohibited drug in excess of commercial quantity
  2. 2 Assessment of mitigating and aggravating factors
  3. 3 Impact of offender's mental health and subjective circumstances on sentence

Ratio Decidendi

Sentence imposed having regard to offender's similar involvement as co-offenders, mitigating factors including remorse, rehabilitation, mental illness, and adverse media attention, with special circumstances justifying a reduced non-parole period.

Court Disposition

Offender sentenced to a term of imprisonment of three years and ten months with a non-parole period of 17 months; special circumstances found.

Orders

  • The offender is convicted of the offence.
  • Sentence of imprisonment of three years and ten months commencing 30 November 2021.