R v Wayne John HAMMOND [2010] NSWDC 309

R v Wayne John HAMMOND [2010] NSWDC 309

Because Mr Hammond was a mid level supplier of amphetamines, had a previous similar conviction and prior custodial sentence, and there was no alternative to full-time custody, an overall starting sentence of five years imprisonment for the drug supply offence was appropriate. His guilty plea justified a reduction to four years, and his need for treatment justified reducing the non-parole period to two years. The firearm offence was not serious and the resisting arrest offence warranted fines only.

Jurisdiction
Australia
Judgment Date
18 November 2010
Procedural Posture
Criminal Sentencing / Sentence After Plea of Guilty
Outcome
Wayne John Hammond was convicted and sentenced for supplying a prohibited drug, possessing a firearm without a licence, and resisting arrest.
Legal Topics
['supply Prohibited Drug Namely Amphetamine' 'possess Firearm Without Being Authorised by a Licence' 'resist Police Officer in the Execution of Duty' 'form 1 Offence Taken Into Account' 'plea of Guilty' 'relevant Criminal History' 'psychological Report' 'co Offender Parity' 'full Time Custody']
['criminal Law' 'sentencing'] ['supply Prohibited Drug Namely Amphetamine' 'possess Firearm Without Being Authorised by a Licence' 'resist Police Officer in the Execution of Duty' 'form 1 Offence Taken Into Account' 'plea of Guilty' 'relevant Criminal History' 'psychological Report' 'co Offender Parity' 'full Time Custody']

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Procedural Posture

Criminal Sentencing / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for supplying a prohibited drug, namely amphetamine, where the offender was a mid level supplier with a previous similar conviction.' 'What sentence should be imposed for possessing a firearm without being authorised by a licence, taking into account an offence of not keeping a firearm safely.' 'What sentence should be imposed for resisting a police officer in the execution of duty.' "Whether the offender's plea of guilty, remorse, psychological conditions, prospects of rehabilitation, and co-offender sentences justified moderation of sentence or a longer parole period."]

Ratio Decidendi

Because Mr Hammond was a mid level supplier of amphetamines, had a previous similar conviction and prior custodial sentence, and there was no alternative to full-time custody, an overall starting sentence of five years imprisonment for the drug supply offence was appropriate. His guilty plea justified a reduction to four years, and his need for treatment justified reducing the non-parole period to two years. The firearm offence was not serious and the resisting arrest offence warranted fines only.

Court Disposition

Wayne John Hammond was convicted and sentenced for supplying a prohibited drug, possessing a firearm without a licence, and resisting arrest.

Orders

  • ['For supplying a prohibited drug, a non-parole period of 2 years commencing on 13 March 2009 and expiring on 12 March 2011, with a balance of term of 2 years from 13 March 2011 to 12 March 2013; total term 4 years from 13 March 2009 to 12 March 2013; earliest eligibility for release 12 March 2011.' 'For possessing...