Regina v Schumacher [2004] NSWSC 1086

Regina v Schumacher [2004] NSWSC 1086

Given the offender’s significant involvement in supplying prohibited drugs, lack of rehabilitation during bail, and absence of exceptional circumstances, a full-time custodial sentence is required. Parity applies as with co-offender, with a finding of special circumstances warranting a longer supervised parole period.

Parties
Prosecutor: Regina; Offender: Kelly Louise Schumacher
Jurisdiction
Australia
Judgment Date
05 November 2004
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Supply Prohibited Drug, Sentencing, Non Parole Period, Driving Whilst Licence Suspended
Criminal Law Supply Prohibited Drug Sentencing Non Parole Period Driving Whilst Licence Suspended

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Prosecutor

Kelly Louise Schumacher

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for the offence of supplying prohibited drugs?
  2. 2 Should the offender's admission of driving whilst licence suspended affect the sentence?
  3. 3 Are there special circumstances justifying a variation in the non-parole period?

Ratio Decidendi

Given the offender’s significant involvement in supplying prohibited drugs, lack of rehabilitation during bail, and absence of exceptional circumstances, a full-time custodial sentence is required. Parity applies as with co-offender, with a finding of special circumstances warranting a longer supervised parole period.

Court Disposition

convicted and sentenced

Orders

  • Offender convicted.
  • Sentenced to imprisonment for 2 years from 5/11/2004.