NSW Police Force v Hannibal, Rebecca [2015] NSWLC 5

NSW Police Force v Hannibal, Rebecca [2015] NSWLC 5

Although the defendant's moral culpability for the supply was towards the lower end of the scale and she had substantial mitigating factors, the offence was not trivial, there were no special or extenuating circumstances justifying s 10, and the death could not be treated as an aggravating circumstance for a more serious offence. General deterrence and denunciation required a conviction, with discounts of 20% for the guilty plea and 10% for assistance reflected in a s 9 good behaviour bond for 12 months.

Jurisdiction
Australia
Judgment Date
26 June 2015
Procedural Posture
Criminal Sentencing for Supplying a Prohibited Drug / Sentence After Guilty Plea
Outcome
Convicted; defendant ordered to enter a good behaviour bond under s 9 of the Crimes (Sentencing Procedure) Act 1999 for 12 months.
Legal Topics
['supply Prohibited Drug' 'good Behaviour Bond' 'guilty Plea Discount' 'assistance to Authorities' 'general Deterrence' 'denunciation' 'section 10 Dismissal Without Conviction' 'mitigating Factors']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'good Behaviour Bond' 'guilty Plea Discount' 'assistance to Authorities' 'general Deterrence' 'denunciation' 'section 10 Dismissal Without Conviction' 'mitigating Factors']

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Procedural Posture

Criminal Sentencing for Supplying a Prohibited Drug / Sentence After Guilty Plea

Legal Issues

  1. 1 ['Whether the defendant should be dealt with under s 10 of the Crimes (Sentencing Procedure) Act 1999 without recording a conviction.' "What weight should be given to the defendant's low moral culpability, youth, good character, remorse, prospects of rehabilitation, guilty plea and assistance to authorities." 'Whether the death of Ms Bartter could be treated as an aggravating circumstance in sentencing for supplying a prohibited drug.' 'What sentence would appropriately reflect general deterrence and denunciation for social supply of a prohibited drug.']

Ratio Decidendi

Although the defendant's moral culpability for the supply was towards the lower end of the scale and she had substantial mitigating factors, the offence was not trivial, there were no special or extenuating circumstances justifying s 10, and the death could not be treated as an aggravating circumstance for a more serious offence. General deterrence and denunciation required a conviction, with discounts of 20% for the guilty plea and 10% for assistance reflected in a s 9 good behaviour bond for 12 months.

Court Disposition

Convicted; defendant ordered to enter a good behaviour bond under s 9 of the Crimes (Sentencing Procedure) Act 1999 for 12 months.

Orders

  • ['The defendant is convicted.' 'The defendant is ordered to enter a good behaviour bond under s 9 of the Crimes (Sentencing Procedure) Act 1999 for a period of 12 months.']