R v SHEFFIELD [2018] NSWDC 514

R v SHEFFIELD [2018] NSWDC 514

The offender's sentence was determined based on reduced moral culpability due to his dysfunctional upbringing and drug addiction, the objective seriousness between low and middle range, the risk of institutionalisation justifying special circumstances, and the application of both a utilitarian and Ellis type discount, resulting in a sentence of 18 months imprisonment with a non-parole period of 9 months.

Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to imprisonment for 18 months with a non-parole period of 9 months, commencing 14 February 2018
Legal Topics
['supply Prohibited Drug' 'sentence' 'aggravating Factors' 'utilitarian Discount' 'ellis Type Discount' 'risk of Institutionalisation' 'totality' 'special Circumstances']
['criminal Law'] ['supply Prohibited Drug' 'sentence' 'aggravating Factors' 'utilitarian Discount' 'ellis Type Discount' 'risk of Institutionalisation' 'totality' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for supply of prohibited drug under s 25(1) of Drug Misuse and Trafficking Act' 'Effect of utilitarian and Ellis type discounts' "Assessment of offender's moral culpability given background and risk of institutionalisation" 'Application of totality and special circumstances']

Ratio Decidendi

The offender's sentence was determined based on reduced moral culpability due to his dysfunctional upbringing and drug addiction, the objective seriousness between low and middle range, the risk of institutionalisation justifying special circumstances, and the application of both a utilitarian and Ellis type discount, resulting in a sentence of 18 months imprisonment with a non-parole period of 9 months.

Court Disposition

Sentenced to imprisonment for 18 months with a non-parole period of 9 months, commencing 14 February 2018

Orders

  • ['Brandon Sheffield is sentenced to imprisonment for a period of 18 months with a non-parole period of 9 months, commencing from 14 February 2018' 'Earliest parole eligibility is 13 November 2018' 'Entire sentence expires on 13 August 2019']