R v HERNANDEZ, Jesus [2016] NSWDC 398

R v HERNANDEZ, Jesus [2016] NSWDC 398

The offender knowingly and enthusiastically participated in three negotiated supplies of commercial quantities of cocaine, but his objective and moral culpability was below that of Trejos because Trejos sourced and organised the cocaine and stood to gain more. The offender's late guilty pleas warranted only a 10% utilitarian discount, but his lack of prior convictions, prior good character, family circumstances, good prospects of rehabilitation, low likelihood of reoffending, first imprisonment, parity considerations, special circumstances and totality justified a lesser effective sentence than Trejos and an extended supervision period. Full-time imprisonment was required.

Jurisdiction
Australia
Judgment Date
09 December 2016
Procedural Posture
Criminal Sentence for Supply of Prohibited Drug Offences / Sentencing After Pleas of Guilty
Outcome
Defendant convicted and sentenced to full-time imprisonment with an effective sentence of 8 years 6 months and an effective non-parole period of 5 years.
Legal Topics
['supply of Prohibited Drug' 'commercial Quantity of Cocaine' 'guilty Plea Discount' 'parity With Co Offender' 'good Character' 'mental Disorder and Sentencing' 'special Circumstances' 'totality']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Prohibited Drug' 'commercial Quantity of Cocaine' 'guilty Plea Discount' 'parity With Co Offender' 'good Character' 'mental Disorder and Sentencing' 'special Circumstances' 'totality']

Case Brief

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Procedural Posture

Criminal Sentence for Supply of Prohibited Drug Offences / Sentencing After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for three offences of supplying not less than a commercial quantity of cocaine contrary to s 25(2) Drug Misuse and Trafficking Act 1985.' 'What discount should be allowed for late pleas of guilty entered after the trial was listed to commence.' 'How parity with co-offender Francisco Javier Trejos should affect sentence.' "How the offender's good character, lack of prior convictions, family circumstances, likelihood of rehabilitation, and possible psychological condition should affect sentence." 'Whether special circumstances and totality required adjustment of the non-parole periods and overall sentence.']

Ratio Decidendi

The offender knowingly and enthusiastically participated in three negotiated supplies of commercial quantities of cocaine, but his objective and moral culpability was below that of Trejos because Trejos sourced and organised the cocaine and stood to gain more. The offender's late guilty pleas warranted only a 10% utilitarian discount, but his lack of prior convictions, prior good character, family circumstances, good prospects of rehabilitation, low likelihood of reoffending, first imprisonment, parity considerations, special circumstances and totality justified a lesser effective sentence than Trejos and an extended supervision period. Full-time imprisonment was required.

Court Disposition

Defendant convicted and sentenced to full-time imprisonment with an effective sentence of 8 years 6 months and an effective non-parole period of 5 years.

Orders

  • ['Count 1: convicted; sentenced to imprisonment with a non-parole period of 3 years dating from 23 February 2015 and expiring on 22 February 2018; balance of sentence of 3 years expiring on 22 February 2021.' 'Count 2: convicted; sentenced to imprisonment with a non-parole period of 3 years dating from 23 February...