R v HERMANSSON, Brock Dean [2018] NSWDC 95

R v HERMANSSON, Brock Dean [2018] NSWDC 95

The objective seriousness of the drug supply offence, the possession of a working Taser, the financial reward aspect of the supply offending, and the need for punishment, denunciation and deterrence meant that no sentence other than full-time imprisonment was appropriate. However, the offender's early guilty pleas, lack of significant prior convictions, good character, remorse, excellent rehabilitation progress, delay associated with completing Odyssey House, credit for pre-sentence custody and residential rehabilitation, and need for supervised reintegration justified backdating the sentences, concurrency, a 25% plea discount, and special circumstances reducing the non-parole period...

Jurisdiction
Australia
Judgment Date
23 February 2018
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty
Outcome
The offender was convicted and sentenced to full-time custodial sentences, to be served concurrently, with release to parole directed on 5 May 2018 for the supply offence.
Legal Topics
['supply Prohibited Drug' 'possession of Prohibited Weapon' 'form 1 Offences' 'pre Sentence Custody' 'residential Rehabilitation Credit' 'special Circumstances' 'non Parole Period' 'plea Discount']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'possession of Prohibited Weapon' 'form 1 Offences' 'pre Sentence Custody' 'residential Rehabilitation Credit' 'special Circumstances' 'non Parole Period' 'plea Discount']

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Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for supplying MDMA and possessing a prohibited weapon without a permit.' 'Whether time spent in residential rehabilitation at Odyssey House should be credited against the sentence.' 'Whether the non-parole period should be fixed to expire on the date of sentence or adjusted for special circumstances.' 'How the Form 1 matters should affect the sentence for the principal offence.' 'Whether the sentences for the two offences should be concurrent.']

Ratio Decidendi

The objective seriousness of the drug supply offence, the possession of a working Taser, the financial reward aspect of the supply offending, and the need for punishment, denunciation and deterrence meant that no sentence other than full-time imprisonment was appropriate. However, the offender's early guilty pleas, lack of significant prior convictions, good character, remorse, excellent rehabilitation progress, delay associated with completing Odyssey House, credit for pre-sentence custody and residential rehabilitation, and need for supervised reintegration justified backdating the sentences, concurrency, a 25% plea discount, and special circumstances reducing the non-parole period...

Court Disposition

The offender was convicted and sentenced to full-time custodial sentences, to be served concurrently, with release to parole directed on 5 May 2018 for the supply offence.

Orders

  • ['For supply prohibited drug, taking into account the Form 1 matters, the offender was sentenced to 12 months imprisonment by way of non-parole period commencing on 6 May 2017 and expiring on 5 May 2018.' 'The offender was directed to be released to parole on 5 May 2018 for the supply offence, with a balance of...