R v Anthony Daniel McIver [2016] NSWDC 95

R v Anthony Daniel McIver [2016] NSWDC 95

Given the objective seriousness of the offending—towards the lower end of s 25(1)—together with the significant aggravating factors of offending during parole and bail, and the offender's appalling criminal record, the only appropriate sentence is a full time custodial sentence. Special circumstances are found due to the offender's need for drug and alcohol rehabilitation, justifying a tailored non-parole period.

Parties
Prosecutor: Director of Public Prosecutions (Crown); Offender: Anthony Daniel McIver
Jurisdiction
Australia
Judgment Date
27 May 2016
Procedural Posture
Criminal / Sentencing
Outcome
offender convicted and sentenced to full time custodial sentence
Legal Topics
Supply Prohibited Drug, Possession of Prohibited Drug, Custody of Knife in Public Place, Sentencing
Criminal Law Supply Prohibited Drug Possession of Prohibited Drug Custody of Knife in Public Place Sentencing

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Parties

Director of Public Prosecutions (Crown)

Prosecutor

Anthony Daniel McIver

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for supply prohibited drug while on parole and bail
  2. 2 Consideration of previous criminal history in sentencing
  3. 3 Assessment of special circumstances pursuant to s 44(2) Crimes (Sentencing Procedure) Act 1999

Ratio Decidendi

Given the objective seriousness of the offending—towards the lower end of s 25(1)—together with the significant aggravating factors of offending during parole and bail, and the offender's appalling criminal record, the only appropriate sentence is a full time custodial sentence. Special circumstances are found due to the offender's need for drug and alcohol rehabilitation, justifying a tailored non-parole period.

Court Disposition

offender convicted and sentenced to full time custodial sentence

Orders

  • Convicted of supply prohibited drug (s 25(1) DMTA 1985), sentenced to non-parole period of 15 months from 2 March 2016 to 1 June 2017.
  • Further term of 12 months imprisonment from 2 June 2017 to 1 March 2018, total sentence 2 years 3 months.