R v Berry [2019] NSWDC 522

R v Berry [2019] NSWDC 522

Having regard to the seriousness of repeated heroin supply for financial reward, the Form 1 matters, the aggravating factor that the supply offending was committed while on bail, and the need for general deterrence, only imprisonment was appropriate; however, the offender's early guilty pleas, genuine remorse, rehabilitation in custody, strong family support, employment prospects and first full-time custody justified a 25 per cent discount and a finding of special circumstances, resulting in an aggregate sentence of three years and four months with a non-parole period of one year and eight months.

Jurisdiction
Australia
Judgment Date
18 April 2019
Procedural Posture
Criminal Sentencing / Sentencing Following Guilty Pleas in the Local Court Maintained Before the District Court
Outcome
Offender convicted of the three offences and sentenced to an aggregate term of imprisonment.
Legal Topics
['supply Prohibited Drug on an Ongoing Basis' 'heroin Supply' 'possession of Prohibited Weapon' 'form 1 Offences' 'aggravating Factor of Offending While on Bail' 'special Circumstances' 'general Deterrence']
['criminal Law' 'sentencing' 'drug Offences' 'weapons Offences'] ['supply Prohibited Drug on an Ongoing Basis' 'heroin Supply' 'possession of Prohibited Weapon' 'form 1 Offences' 'aggravating Factor of Offending While on Bail' 'special Circumstances' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentencing Following Guilty Pleas in the Local Court Maintained Before the District Court

Legal Issues

  1. 1 ['What sentence should be imposed for two offences of supplying heroin on an ongoing basis and one offence of possessing a prohibited weapon.' 'How the Form 1 offences should affect the sentence for the first ongoing supply offence.' 'How to assess the objective seriousness of ongoing heroin supply offences involving repeated supplies for financial reward.' 'Whether offending committed while on bail aggravated the sentence.' "Whether the offender's rehabilitation, remorse, early guilty pleas, first full-time custody and support justified special circumstances and a longer parole period."]

Ratio Decidendi

Having regard to the seriousness of repeated heroin supply for financial reward, the Form 1 matters, the aggravating factor that the supply offending was committed while on bail, and the need for general deterrence, only imprisonment was appropriate; however, the offender's early guilty pleas, genuine remorse, rehabilitation in custody, strong family support, employment prospects and first full-time custody justified a 25 per cent discount and a finding of special circumstances, resulting in an aggregate sentence of three years and four months with a non-parole period of one year and eight months.

Court Disposition

Offender convicted of the three offences and sentenced to an aggregate term of imprisonment.

Orders

  • ['The offender is convicted of the three offences to which he pleaded guilty.' 'Indicative sentence on sequence 1, ongoing supply between 23 November and 14 December 2017 with the Form 1 matters taken into account: two years and four months imprisonment.' 'Indicative sentence on sequence 2, ongoing supply between 15...