R v McNab; R v O’Brien [2018] NSWDC 289

R v McNab; R v O’Brien [2018] NSWDC 289

Taking into account the offenders' comparable roles, addiction-related motivation, the quantities involved, their pleas of guilty, and special circumstances, it was appropriate to impose aggregate sentences of 5 years and 6 months imprisonment with non-parole periods reflecting rehabilitative prospects and objective seriousness, applying parity and utilitarian principles.

Parties
Prosecutor: Regina (Crown); Offender: Henry McNab; Offender: Darren O'Brien
Jurisdiction
Australia
Judgment Date
07 September 2018
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced
Legal Topics
Sentencing, Drug Supply, Mitigating and Aggravating Factors, Prospects of Rehabilitation
Criminal Law Sentencing Drug Supply Mitigating and Aggravating Factors Prospects of Rehabilitation

Case Brief

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Parties

Regina (Crown)

Prosecutor

Henry McNab

Offender

Darren O'Brien

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Determination of appropriate sentence for supply of prohibited drugs in commercial quantities
  2. 2 Consideration of subjective circumstances including addiction and mental health
  3. 3 Assessment of aggravating and mitigating factors

Ratio Decidendi

Taking into account the offenders' comparable roles, addiction-related motivation, the quantities involved, their pleas of guilty, and special circumstances, it was appropriate to impose aggregate sentences of 5 years and 6 months imprisonment with non-parole periods reflecting rehabilitative prospects and objective seriousness, applying parity and utilitarian principles.

Court Disposition

convicted and sentenced

Orders

  • Darren O'Brien: convicted; sentenced to aggregate term of 5 years and 6 months imprisonment commencing 3 August 2016 to 2 February 2022; minimum term 3 years and 3 months to 2 November 2019; additional term 2 years and 3 months to 2 February 2022, eligible for parole.
  • Henry McNab: convicted; sentenced to term of 5 years and 6 months imprisonment commencing 3 August 2016 to 2 February 2022; minimum term 3 years and 3 months to 2 November 2019; additional term 2 years and 3 months to 2 February 2022, eligible for parole.