R v Dunn [2020] NSWDC 877

R v Dunn [2020] NSWDC 877

Given the seriousness of two methylamphetamine supply offences and an affray involving weapons, the offender's lengthy custodial history, offending while on parole and in breach of a bond, and the need for deterrence, but allowing for his deprived background, addiction, extra-curial injury, guilty plea discounts and totality, an aggregate sentence of 3 years' imprisonment with a 2-year non-parole period was appropriate. The originally entered commencement dates contained an arithmetic slip inconsistent with the stated intention, and the slip rule was applied by consent to amend the commencement and expiry dates without reopening the substance of the sentence.

Jurisdiction
Australia
Judgment Date
11 December 2020
Procedural Posture
Criminal Sentencing / Sentence Ex Tempore Revised; Amended Order Applying Slip Rule
Outcome
Aggregate sentence of 3 years' imprisonment with a non-parole period of 2 years; commencement dates amended under the slip rule by consent on 14 July 2021.
Legal Topics
['supply Prohibited Drug' 'affray' 'parole Breach' 'breach of Bond' 'aggregate Sentence' 'non Parole Period' 'special Circumstances' 'extra Curial Punishment' 'slip Rule' 'sentence Commencement Date']
['criminal Law' 'sentencing' 'criminal Procedure'] ['supply Prohibited Drug' 'affray' 'parole Breach' 'breach of Bond' 'aggregate Sentence' 'non Parole Period' 'special Circumstances' 'extra Curial Punishment' 'slip Rule' 'sentence Commencement Date']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Ex Tempore Revised; Amended Order Applying Slip Rule

Legal Issues

  1. 1 ['What sentence should be imposed for two counts of supplying methylamphetamine and one count of affray.' "How the offender's deprived background, custodial history, institutionalisation, addiction and prospects of rehabilitation should affect sentence." 'How to account for offending while on parole and in breach of a bond without double-counting.' 'Whether discounts of 25% should be allowed for pleas and plea negotiations.' 'Whether special circumstances should be found and how totality should affect accumulation.' 'Whether sentence commencement dates could be corrected after entry of orders by s 43 Crimes (Sentencing Procedure) Act 1999 (NSW) or under the slip rule.']

Ratio Decidendi

Given the seriousness of two methylamphetamine supply offences and an affray involving weapons, the offender's lengthy custodial history, offending while on parole and in breach of a bond, and the need for deterrence, but allowing for his deprived background, addiction, extra-curial injury, guilty plea discounts and totality, an aggregate sentence of 3 years' imprisonment with a 2-year non-parole period was appropriate. The originally entered commencement dates contained an arithmetic slip inconsistent with the stated intention, and the slip rule was applied by consent to amend the commencement and expiry dates without reopening the substance of the sentence.

Court Disposition

Aggregate sentence of 3 years' imprisonment with a non-parole period of 2 years; commencement dates amended under the slip rule by consent on 14 July 2021.

Orders

  • ['Breach of the Community Corrections order imposed on 19/02/2019 proven; sentence of imprisonment of 2 months amended to commence on 28/10/2019 and expire on 27/12/2019.' 'For sequence 1 supply of 6.05 grams of methylamphetamine, taking into account the Form 1 matter, indicated sentence of 1 year 1 month...