R v Graves [2021] NSWDC 722

R v Graves [2021] NSWDC 722

An aggregate custodial sentence was required because each principal offence and the s166 certificate matter warranted imprisonment, the offences were serious and aggravated by being committed while the offender was subject to a community correction order and an intensive correction order, and general and specific deterrence were fully engaged. The sentence was moderated by early guilty pleas, acceptance of the offender's explanation for possession of the items, genuine remorse, successful residential rehabilitation, reasonable prospects of rehabilitation, credit for time refused bail, and special circumstances supporting a shorter non-parole period to encourage rehabilitation.

Jurisdiction
Australia
Judgment Date
12 November 2021
Procedural Posture
Criminal Sentence / Sentence After Early Pleas of Guilty
Outcome
Aggregate term of imprisonment of 4 years 6 months with a non-parole period of 1 year 4 months; offender immediately eligible for parole.
Legal Topics
['supply Prohibited Drug' 'possess Unauthorised Prohibited Firearm' 'possess Prohibited Weapon' 'drive Whilst Disqualified' 'aggregate Sentence' 'early Guilty Plea Discount' 'special Circumstances' 'licence Disqualification']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'possess Unauthorised Prohibited Firearm' 'possess Prohibited Weapon' 'drive Whilst Disqualified' 'aggregate Sentence' 'early Guilty Plea Discount' 'special Circumstances' 'licence Disqualification']

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Procedural Posture

Criminal Sentence / Sentence After Early Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for supplying a prohibited drug greater than the indictable but less than the commercial quantity, possessing an unauthorised prohibited firearm, possessing prohibited weapons, and driving whilst disqualified.' 'Whether the Form 1 matter of custody of a knife in a public place should increase the sentence for the relevant principal offence.' "How the offender's early guilty pleas, criminal history, rehabilitation, remorse, prospects of rehabilitation, and offending while subject to a community correction order and an intensive correction order should affect sentence." 'Whether an aggregate sentence should be imposed and what indicative sentences should underpin it.' 'Whether special circumstances should be found to vary the ratio of the non-parole period to the head sentence.']

Ratio Decidendi

An aggregate custodial sentence was required because each principal offence and the s166 certificate matter warranted imprisonment, the offences were serious and aggravated by being committed while the offender was subject to a community correction order and an intensive correction order, and general and specific deterrence were fully engaged. The sentence was moderated by early guilty pleas, acceptance of the offender's explanation for possession of the items, genuine remorse, successful residential rehabilitation, reasonable prospects of rehabilitation, credit for time refused bail, and special circumstances supporting a shorter non-parole period to encourage rehabilitation.

Court Disposition

Aggregate term of imprisonment of 4 years 6 months with a non-parole period of 1 year 4 months; offender immediately eligible for parole.

Orders

  • ['In relation to sequences 1, 2, 3, 8 and 5, an aggregate term of imprisonment of 4 years 6 months was imposed.' 'A non-parole period of 1 year 4 months imprisonment was fixed to date from 13 July 2020 and expire on 12 November 2021.' 'The offender was immediately eligible for parole.' 'A balance of term of 3 years...