R v Kirk [2017] NSWDC 195

R v Kirk [2017] NSWDC 195

The offender's aggregate sentence reflects the objective gravity of ongoing drug supply and firearm offences, taking into account aggravating factors, overlap in criminality, special circumstances for parole, and mitigation through provocation and drug addiction.

Parties
Prosecution: The Crown; Offender: Phillip John Kirk
Jurisdiction
Australia
Judgment Date
09 June 2017
Procedural Posture
Criminal Sentence / Sentence
Outcome
sentenced to an aggregate term of imprisonment with a non-parole period of 4½ years and a head sentence of 7½ years; sentenced to 3 months imprisonment for drive while disqualified; backup s 166 matters withdrawn and dismissed
Legal Topics
Sentence, Ongoing Supply, Drive While Disqualified, Firearm Offences, Reckless Wounding, Drug Addiction, Good Behaviour Bond
Criminal Law Sentence Ongoing Supply Drive While Disqualified Firearm Offences Reckless Wounding Drug Addiction Good Behaviour Bond

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Parties

The Crown

Prosecution

Phillip John Kirk

Offender

Procedural Posture

Criminal Sentence / Sentence

Legal Issues

  1. 1 appropriate sentence for ongoing supply of methylamphetamine and heroin
  2. 2 sentence for drive while disqualified under s 166
  3. 3 sentence for firing a prohibited firearm

Ratio Decidendi

The offender's aggregate sentence reflects the objective gravity of ongoing drug supply and firearm offences, taking into account aggravating factors, overlap in criminality, special circumstances for parole, and mitigation through provocation and drug addiction.

Court Disposition

sentenced to an aggregate term of imprisonment with a non-parole period of 4½ years and a head sentence of 7½ years; sentenced to 3 months imprisonment for drive while disqualified; backup s 166 matters withdrawn and dismissed

Orders

  • aggregate sentence consisting of non-parole period of 4½ years with head sentence of 7½ years from 16 January 2016
  • offender eligible for parole on 15 July 2020