R v Grant [2019] NSWDC 866

R v Grant [2019] NSWDC 866

The aggregate sentence imposed reflects both the objective seriousness of drug supply and firearms possession offences and the significantly deprived and institutionalised background of the offender, reducing his moral culpability but not obviating the need for a custodial sentence of substantial length.

Jurisdiction
Australia
Judgment Date
18 December 2019
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate custodial sentence of four years with a non-parole period of three years; eligibility for parole after three years; drug and firearms destruction orders made.
Legal Topics
['sentencing' 'drug Offences' 'firearms Offences' 'background of Deprivation' 'institutionalisation']
['criminal Law'] ['sentencing' 'drug Offences' 'firearms Offences' 'background of Deprivation' 'institutionalisation']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for drug supply and firearm possession offences' 'Relevance of institutionalised background and deprivation to sentencing' 'Effect of background on moral culpability and sentence length']

Ratio Decidendi

The aggregate sentence imposed reflects both the objective seriousness of drug supply and firearms possession offences and the significantly deprived and institutionalised background of the offender, reducing his moral culpability but not obviating the need for a custodial sentence of substantial length.

Court Disposition

Aggregate custodial sentence of four years with a non-parole period of three years; eligibility for parole after three years; drug and firearms destruction orders made.

Orders

  • ['Aggregate sentence to commence 10 July 2018.' 'Drug supply (and Form 1): three years imprisonment.' 'Possession of pistol: two years and three months imprisonment with a non-parole period of one year and six months.' 'Possession of heroin: six months imprisonment.' 'Aggregate sentence: four years imprisonment with...