R v Simon MUROE [2008] NSWDC 178

R v Simon MUROE [2008] NSWDC 178

The death of the victim is not relevant to sentencing for supply to a minor, and the Magistrate's sentence, including full-time custody and the non-parole period, was appropriate considering the offence, the offender's criminal history, and breaches of conditional liberty.

Parties
Prosecution: The Crown; Offender: Simon Munroe
Jurisdiction
Australia
Judgment Date
22 August 2008
Procedural Posture
Criminal Appeal / Severity Appeal, Crown Appeal From Local Court Sentence
Outcome
both appeals dismissed; sentence of Magistrate confirmed
Legal Topics
Severity Appeal, Crown Appeal, Supply Prohibited Drug to a Child Under 16, Sentencing, Breaches of Conditional Liberty
Criminal Law Severity Appeal Crown Appeal Supply Prohibited Drug to a Child Under 16 Sentencing Breaches of Conditional Liberty

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Parties

The Crown

Prosecution

Simon Munroe

Offender

Procedural Posture

Criminal Appeal / Severity Appeal, Crown Appeal From Local Court Sentence

Legal Issues

  1. 1 whether Ms Chant's death could be considered in sentencing for supply to a minor
  2. 2 proper sentencing approach where offender breached multiple forms of conditional liberty
  3. 3 appropriateness of full-time custody versus suspended sentence

Ratio Decidendi

The death of the victim is not relevant to sentencing for supply to a minor, and the Magistrate's sentence, including full-time custody and the non-parole period, was appropriate considering the offence, the offender's criminal history, and breaches of conditional liberty.

Court Disposition

both appeals dismissed; sentence of Magistrate confirmed

Orders

  • Sentence commenced 18 August 2008; offender to be released to parole on 17 November 2009.