R v Neal, R v Small & R v Williams [2018] NSWDC 30

R v Neal, R v Small & R v Williams [2018] NSWDC 30

The drug supply offences were serious and required full-time custody for Mr Neal and Ms Small, with differentiation reflecting their roles, criminal histories, guilty pleas, subjective hardship, remorse, rehabilitation prospects, prior custody and special circumstances. Mr Neal was the main driver and was sentenced to a longer term; Ms Small played a significant but lesser role and received a shorter term; Mr Williams' role was subservient and, because of substantial rehabilitation progress, he was granted bail under s11 of the Crimes (Sentencing Procedure) Act pending sentence.

Jurisdiction
Australia
Judgment Date
27 February 2018
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas
Outcome
Mr Neal and Ms Small were sentenced to imprisonment. Mr Williams was granted bail under s11 of the Crimes (Sentencing Procedure) Act and sentence was deferred to 14 December 2018.
Legal Topics
['supply Prohibited Drugs' 'heroin Trafficking' 'guilty Plea Discount' 'parity' 'rehabilitation' 'special Circumstances' 'bail Under S11 Crimes (sentencing Procedure) Act']
['criminal Law' 'sentencing'] ['supply Prohibited Drugs' 'heroin Trafficking' 'guilty Plea Discount' 'parity' 'rehabilitation' 'special Circumstances' 'bail Under S11 Crimes (sentencing Procedure) Act']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas

Legal Issues

  1. 1 ["What sentences should be imposed for the offenders' participation in a significant heroin supply operation in Bathurst." 'How parity should be applied between co-offenders with different roles and subjective circumstances.' 'Whether subjective factors including childhood abuse, drug addiction, remorse, rehabilitation prospects, prior custody and quasi custody, and special circumstances affected sentence.' 'Whether Mr Williams should be granted bail under s11 of the Crimes (Sentencing Procedure) Act before final sentence.']

Ratio Decidendi

The drug supply offences were serious and required full-time custody for Mr Neal and Ms Small, with differentiation reflecting their roles, criminal histories, guilty pleas, subjective hardship, remorse, rehabilitation prospects, prior custody and special circumstances. Mr Neal was the main driver and was sentenced to a longer term; Ms Small played a significant but lesser role and received a shorter term; Mr Williams' role was subservient and, because of substantial rehabilitation progress, he was granted bail under s11 of the Crimes (Sentencing Procedure) Act pending sentence.

Court Disposition

Mr Neal and Ms Small were sentenced to imprisonment. Mr Williams was granted bail under s11 of the Crimes (Sentencing Procedure) Act and sentence was deferred to 14 December 2018.

Orders

  • ['Mr Neal is sentenced to imprisonment with a non-parole period of 3 years and a head sentence of 5 years dating from 2 November 2016; the non-parole period expires on 1 November 2019.' 'Ms Small is sentenced to imprisonment with a non-parole period of 2 years dating from 3 August 2017 and a head sentence of 4...