R v Tinker [2019] NSWDC 819

R v Tinker [2019] NSWDC 819

Aggregate sentence imposed reflecting totality of offending, taking into account objective and subjective seriousness, the offender's attitude and history, specific and general deterrence, and finding special circumstances for first time in custody; indicative sentences given for each count and substantial discounts applied where appropriate.

Jurisdiction
Australia
Judgment Date
27 September 2019
Procedural Posture
Criminal / Sentencing
Outcome
sentenced to an aggregate term of imprisonment for 3 years, comprising a non-parole period of 1 year and 6 months, commencing 20 June 2019; eligible for parole on 19 December 2020; forfeiture and destruction orders made; convictions for counts 9 and SEQ 6, no penalty imposed; special circumstances found for parole.
Legal Topics
['sentencing' 'drug Offences' 'firearms Offences' 'proceeds of Crime' 'cultivation of Prohibited Plant']
['criminal Law'] ['sentencing' 'drug Offences' 'firearms Offences' 'proceeds of Crime' 'cultivation of Prohibited Plant']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for multiple drug offences, firearms offences, and proceeds of crime' 'Whether special circumstances should be found for parole eligibility' 'Assessment of objective and subjective seriousness of offences' 'Application of sentencing principles including discounts for plea and utility' 'Aggregate sentencing principles and totality']

Ratio Decidendi

Aggregate sentence imposed reflecting totality of offending, taking into account objective and subjective seriousness, the offender's attitude and history, specific and general deterrence, and finding special circumstances for first time in custody; indicative sentences given for each count and substantial discounts applied where appropriate.

Court Disposition

sentenced to an aggregate term of imprisonment for 3 years, comprising a non-parole period of 1 year and 6 months, commencing 20 June 2019; eligible for parole on 19 December 2020; forfeiture and destruction orders made; convictions for counts 9 and SEQ 6, no penalty imposed; special circumstances found for parole.

Orders

  • ['Aggregate sentence of imprisonment for 3 years, non-parole period of 1 year 6 months (20/6/19–19/12/20), balance of term 1 year 6 months (20/12/20–19/6/22).' 'Indicative sentences for each count as outlined: e.g. Count 1: 6 months; Count 2: 1 year (NPP 6 months); etc.' 'Conviction recorded for Count 9 (paint ball...