R v Hoskin [2023] NSWDC 150

R v Hoskin [2023] NSWDC 150

Having regard to the limited objective gravity of the offences, the offender's reduced moral culpability resulting from trauma and drug dependence, his guilty pleas, remorse and good prospects of rehabilitation, but also the need for general and specific deterrence, his prior convictions and offending while on conditional liberty, no sentence other than imprisonment was appropriate. Special circumstances were found because the offender had spent most of his adult life in custody, was at serious risk of institutionalisation and required a longer parole period for reintegration, mental health and addiction support.

Jurisdiction
Australia
Judgment Date
11 May 2023
Procedural Posture
Criminal Sentence / Sentence After Pleas of Guilty in the Local Court
Outcome
Kane Hoskin was convicted and sentenced to an aggregate term of imprisonment of 3 years with a non-parole period of 18 months, backdated to 4 December 2021, with release on parole on 3 June 2023 and driving disqualification for 3 months from 3 June 2023.
Legal Topics
['supply Prohibited Drug' 'possess Identification Information With Intent to Commit an Indictable Offence' 'aggravated Enter Dwelling House With Intent to Commit Serious Indictable Offence' 'driving While Licence Suspended' 'form 1 Offences' 'aggregate Sentence' 'special Circumstances']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'possess Identification Information With Intent to Commit an Indictable Offence' 'aggravated Enter Dwelling House With Intent to Commit Serious Indictable Offence' 'driving While Licence Suspended' 'form 1 Offences' 'aggregate Sentence' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentence After Pleas of Guilty in the Local Court

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's drug supply, identification information, aggravated enter dwelling-house and driving while suspended offences." 'Whether Form 1 larceny offences should be taken into account on sentence for the aggravated enter dwelling-house offence.' 'Whether imprisonment was the only appropriate sentencing option.' 'Whether special circumstances justified a longer period of parole supervision.']

Ratio Decidendi

Having regard to the limited objective gravity of the offences, the offender's reduced moral culpability resulting from trauma and drug dependence, his guilty pleas, remorse and good prospects of rehabilitation, but also the need for general and specific deterrence, his prior convictions and offending while on conditional liberty, no sentence other than imprisonment was appropriate. Special circumstances were found because the offender had spent most of his adult life in custody, was at serious risk of institutionalisation and required a longer parole period for reintegration, mental health and addiction support.

Court Disposition

Kane Hoskin was convicted and sentenced to an aggregate term of imprisonment of 3 years with a non-parole period of 18 months, backdated to 4 December 2021, with release on parole on 3 June 2023 and driving disqualification for 3 months from 3 June 2023.

Orders

  • ['Kane Hoskin is convicted.' 'I impose an aggregate term of imprisonment of 3 years with a non-parole period of 18 months to date from 4 December 2021. The non-parole period will expire on 3 June 2023 and the head sentence will expire on 3 December 2024.' "The offender is disqualified from driving and/or holding a...