R v Louis Foster [2017] NSWDC 120

R v Louis Foster [2017] NSWDC 120

Despite significant subjective mitigatory features, including a deprived background and addiction issues warranting a reduction in moral culpability per Bugmy v R, the seriousness and quantity of the offending required a full time custodial sentence. The aggregate sentence imposed reflects the totality of the criminal behaviour, with special circumstances established for parole based on the offender's prospects of rehabilitation, need for supervision and the first experience of custody.

Parties
Crown: Director of Public Prosecutions; Offender: Louis Foster
Jurisdiction
Australia
Judgment Date
24 May 2017
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to full time custody
Legal Topics
Supply of Prohibited Drugs, Sentencing, Aggregated Sentence, Drug Misuse and Trafficking Act 1985, Crime (sentencing Procedure) Act 1999, Mitigating Factors, Special Circumstances
Criminal Law Supply of Prohibited Drugs Sentencing Aggregated Sentence Drug Misuse and Trafficking Act 1985 Crime (sentencing Procedure) Act 1999 Mitigating Factors Special Circumstances

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Parties

Director of Public Prosecutions

Crown

Louis Foster

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for Louis Foster in relation to multiple counts of supplying and taking part in the supply of prohibited drugs?
  2. 2 How should the objective seriousness and subjective circumstances, including background of deprivation and addiction, affect sentence?
  3. 3 Should sentences for various counts run concurrently, and is an aggregate sentence appropriate?

Ratio Decidendi

Despite significant subjective mitigatory features, including a deprived background and addiction issues warranting a reduction in moral culpability per Bugmy v R, the seriousness and quantity of the offending required a full time custodial sentence. The aggregate sentence imposed reflects the totality of the criminal behaviour, with special circumstances established for parole based on the offender's prospects of rehabilitation, need for supervision and the first experience of custody.

Court Disposition

Convicted and sentenced to full time custody

Orders

  • Conviction on Sequence 1: take part in supply of 31.5kg cannabis (commercial quantity), s 25(2) DMTA
  • Conviction on Sequence 3: take part in supply of 28g cocaine, s 25(1) DMTA