R v Hill [2017] NSWDC 464

R v Hill [2017] NSWDC 464

Taking into account the ongoing nature of supply, the objective seriousness, mitigating subjective circumstances including rehabilitation, and the early plea, a sentence of imprisonment of 18 months suspended per s 12 is appropriate.

Jurisdiction
Australia
Judgment Date
25 January 2017
Procedural Posture
Criminal / Sentencing
Outcome
offender convicted and sentenced to 18 months imprisonment, sentence suspended upon entering a good behaviour bond pursuant to s 12 Crimes (Sentencing Procedure) Act 1999
Legal Topics
['supply Prohibited Drugs' 'sentencing' 'rehabilitation' 'drug Addiction']
['criminal Law'] ['supply Prohibited Drugs' 'sentencing' 'rehabilitation' 'drug Addiction']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for supply of prohibited drug contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985' 'Objective seriousness and mitigating factors in sentencing' 'Application of sentencing discount for early guilty plea']

Ratio Decidendi

Taking into account the ongoing nature of supply, the objective seriousness, mitigating subjective circumstances including rehabilitation, and the early plea, a sentence of imprisonment of 18 months suspended per s 12 is appropriate.

Court Disposition

offender convicted and sentenced to 18 months imprisonment, sentence suspended upon entering a good behaviour bond pursuant to s 12 Crimes (Sentencing Procedure) Act 1999

Orders

  • ['Convicted' 'Sentenced to 18 months imprisonment, suspended per s 12 Crimes (Sentencing Procedure) Act 1999, conditioned on entering a good behaviour bond' 'No additional conditions' 's 166 certificate - goods in custody: convicted, no further order per s 10A Crimes (Sentencing Procedure) Act 1999' 'Backup charge...