R v Barnett [2019] NSWDC 296

R v Barnett [2019] NSWDC 296

Given the offender's repeated drug supply offending, prior antecedents, guarded prospects and the need for punishment and deterrence, imprisonment was required; however, his guilty pleas, deprived background, acceptance of responsibility, treatment needs and special circumstances justified an aggregate sentence of three years with a two-year non-parole period and a period of parole supervision.

Jurisdiction
Australia
Judgment Date
03 May 2019
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas
Outcome
Aggregate sentence of three years with a non-parole period of two years.
Legal Topics
['supply Methylamphetamine' 'possession of Methylamphetamine' 'guilty Plea' 'drug Related Offending' 'rehabilitation' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['supply Methylamphetamine' 'possession of Methylamphetamine' 'guilty Plea' 'drug Related Offending' 'rehabilitation' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for two methylamphetamine supply offences and one methylamphetamine possession offence.' "What allowance should be made for the offender's guilty pleas, including a late plea to the first supply count." "What weight should be given to the offender's deprived background, drug use, prior offending, rehabilitation attempts, guarded prospects and need for parole supervision." 'Whether special circumstances justified a longer period of supervision in the community.']

Ratio Decidendi

Given the offender's repeated drug supply offending, prior antecedents, guarded prospects and the need for punishment and deterrence, imprisonment was required; however, his guilty pleas, deprived background, acceptance of responsibility, treatment needs and special circumstances justified an aggregate sentence of three years with a two-year non-parole period and a period of parole supervision.

Court Disposition

Aggregate sentence of three years with a non-parole period of two years.

Orders

  • ['For the first supply offence, an indicative sentence of one year and 10 months.' 'For the possess offence, an indicative sentence of nine months.' 'For the second supply offence, an indicative sentence of two years and one month.' 'Aggregate sentence of three years commencing 10 December 2018.' 'Non-parole period...