Regina v Thomas William Hudson [2007] NSWDC 260

Regina v Thomas William Hudson [2007] NSWDC 260

The appropriate sentence takes account of the offender's significant but subordinate role in the conspiracy and attempted manufacture, his prior convictions, lack of remorse, and high risk of recidivism, but also the requirement of parity with the sentence imposed on the principal offender Griffiths. Accordingly, a sentence of three years' imprisonment with three years' non-parole, to be served concurrently for each count, is imposed.

Parties
Prosecution: Regina; Offender: Thomas William Hudson
Jurisdiction
Australia
Judgment Date
09 February 2007
Procedural Posture
Criminal / Sentencing After Conviction at Trial
Outcome
Offender sentenced to three years' imprisonment, with non-parole period of three years, for each count, sentences to be served concurrently from 17 August 2006. Offender to be released on parole on 16 August 2009. Order for destruction of illegal drugs after appeal period passes.
Legal Topics
Sentencing, Conspiracy to Manufacture Drugs, Attempted Manufacture of Prohibited Drugs, Parity of Sentence
Criminal Law Sentencing Conspiracy to Manufacture Drugs Attempted Manufacture of Prohibited Drugs Parity of Sentence

Case Brief

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Parties

Regina

Prosecution

Thomas William Hudson

Offender

Procedural Posture

Criminal / Sentencing After Conviction at Trial

Legal Issues

  1. 1 Appropriate sentence for conspiracy to manufacture ephedrine and attempted manufacture of methylamphetamine
  2. 2 Parity and relativity of sentence with co-offenders
  3. 3 Consideration of prior convictions, lack of remorse, and likelihood of re-offending

Ratio Decidendi

The appropriate sentence takes account of the offender's significant but subordinate role in the conspiracy and attempted manufacture, his prior convictions, lack of remorse, and high risk of recidivism, but also the requirement of parity with the sentence imposed on the principal offender Griffiths. Accordingly, a sentence of three years' imprisonment with three years' non-parole, to be served concurrently for each count, is imposed.

Court Disposition

Offender sentenced to three years' imprisonment, with non-parole period of three years, for each count, sentences to be served concurrently from 17 August 2006. Offender to be released on parole on 16 August 2009. Order for destruction of illegal drugs after appeal period passes.

Orders

  • Sentence of three years' imprisonment (with three years non-parole) for each count, concurrent, from 17 August 2006 to 16 August 2009 non-parole, parole from 17 August 2009 to 16 August 2011.
  • Order for destruction of illegal drugs following expiry of appeal period.