NSW Police v Hardman [2014] NSWLC 11

NSW Police v Hardman [2014] NSWLC 11

The seriousness of the offending, the lack of exceptional circumstances, and the critical role played by the offender require the imposition of full-time custody; subjective factors and hardship to children do not demonstrate the truly exceptional circumstances needed to avoid custody for drug supply offences. Quantity supplied is less important than the role and level of participation.

Parties
Prosecution: NSW Police; Defendant: Cecelia Ruth Hardman aka Cruden
Jurisdiction
Australia
Judgment Date
14 May 2014
Procedural Posture
Criminal / Sentencing at First Instance in the Local Court
Outcome
Conviction and custodial sentence for drug supply offences; fine and disqualification for driving offence.
Legal Topics
Sentencing, Drug Offences, Drug Misuse and Trafficking, Supply of Prohibited Drugs, Driving Offences, Objective Seriousness, Cumulation of Sentences, Exceptional Circumstances, Hardship to Third Parties
Criminal Law Sentencing Drug Offences Drug Misuse and Trafficking Supply of Prohibited Drugs Driving Offences Objective Seriousness Cumulation of Sentences +2 more

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Parties

NSW Police

Prosecution

Cecelia Ruth Hardman aka Cruden

Defendant

Procedural Posture

Criminal / Sentencing at First Instance in the Local Court

Legal Issues

  1. 1 What is the appropriate sentence for supplying prohibited drugs under section 25(1) Drug Misuse and Trafficking Act 1985 given the offender's role and objective circumstances?
  2. 2 Should full-time custody be avoided due to exceptional or special circumstances?
  3. 3 How should hardship to third parties (children) affect sentencing for drug offences?

Ratio Decidendi

The seriousness of the offending, the lack of exceptional circumstances, and the critical role played by the offender require the imposition of full-time custody; subjective factors and hardship to children do not demonstrate the truly exceptional circumstances needed to avoid custody for drug supply offences. Quantity supplied is less important than the role and level of participation.

Court Disposition

Conviction and custodial sentence for drug supply offences; fine and disqualification for driving offence.

Orders

  • In relation to H54202866, Sequence 4: 1 month fixed term imprisonment commencing 14 May 2014 subsumed in other sentences.
  • In relation to H54202866, Sequences 1, 2 and 3: 12 month sentences, after 25% discount actual terms of 9 months, non-parole period of 2 months (28 May 2014 to 27 July 2014), balance of 7 months (28 July 2014 to 27 February 2015).