R v Windley [2022] NSWDC 304

R v Windley [2022] NSWDC 304

The offender was sentenced to an aggregate term of 4 years and 3 months, with a non-parole period of 2 years and 10 months, because the drug offence involved repeated methylamphetamine supplies over 14 days, some above street level and at least half completed by payment beyond reasonable doubt, and the firearm attempt occurred in the context of drug supply activity. The drug offence was below mid-range and the firearm offence just below mid-range. The Form 1 matters, guilty pleas, reduced moral culpability from the offender's disadvantaged background, remorse, onerous custody conditions and need for rehabilitation mitigated the sentence, but specific and general deterrence and protection...

Jurisdiction
Australia
Judgment Date
28 July 2022
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty
Outcome
Offender convicted and sentenced to imprisonment with a non-parole period.
Legal Topics
['supplying Prohibited Drugs for Financial or Material Reward' 'attempting to Acquire a Firearm While Subject to a Firearms Prohibition Order' 'form 1 Procedure' 'objective Seriousness' 'guilty Plea Discount' 'special Circumstances']
['criminal Law' 'sentencing'] ['supplying Prohibited Drugs for Financial or Material Reward' 'attempting to Acquire a Firearm While Subject to a Firearms Prohibition Order' 'form 1 Procedure' 'objective Seriousness' 'guilty Plea Discount' 'special Circumstances']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for the offence under section 25A(1) of the Drug Misuse and Trafficking Act 1985 and the offence under section 74(1) of the Firearms Act.' 'Whether the drug supply offending should be sentenced on the basis that the offender merely agreed to supply prohibited drugs or that supplies were actually completed.' 'How the Form 1 matters should affect the sentence for the principal drug supply offence.' "What weight should be given to the offender's subjective circumstances, including disadvantaged background, substance abuse, remorse, criminal history, prospects of rehabilitation and onerous custody conditions."]

Ratio Decidendi

The offender was sentenced to an aggregate term of 4 years and 3 months, with a non-parole period of 2 years and 10 months, because the drug offence involved repeated methylamphetamine supplies over 14 days, some above street level and at least half completed by payment beyond reasonable doubt, and the firearm attempt occurred in the context of drug supply activity. The drug offence was below mid-range and the firearm offence just below mid-range. The Form 1 matters, guilty pleas, reduced moral culpability from the offender's disadvantaged background, remorse, onerous custody conditions and need for rehabilitation mitigated the sentence, but specific and general deterrence and protection...

Court Disposition

Offender convicted and sentenced to imprisonment with a non-parole period.

Orders

  • ['Of the offence under section 25A(1) of the Drugs Misuse and Trafficking Act and the offence under section 74 of the Firearms Act the offender is convicted.' 'Taking into account the matters on the form 1 and noting the indicative sentences after applying the 25% discount for the pleas of guilty, the offender is...