R v BENNET [2018] NSWDC 454

R v BENNET [2018] NSWDC 454

The offender was convicted of the offence of ongoing supply of prohibited drugs, with Form 1 offences taken into account. In sentencing, the court regarded the offending as of mid-range seriousness due to the scale and organisation of the operation. The court recognised the offender's disadvantaged background, addiction, and mental health issues but found only an indirect connection between mental illness and offending. Special circumstances were found to allow a longer parole period to support rehabilitation, resulting in a sentence of five years with a three-year non-parole period, and a two-year balance of term.

Jurisdiction
Australia
Judgment Date
02 October 2018
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment.
Legal Topics
['supply Prohibited Drug' 'ongoing Supply' 'sentencing' 'mental Health' 'aggravating and Mitigating Factors' 'special Circumstances']
['criminal Law'] ['supply Prohibited Drug' 'ongoing Supply' 'sentencing' 'mental Health' 'aggravating and Mitigating Factors' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for supply of prohibited drugs on an ongoing basis?' 'Do subjective factors and mental health issues affect sentence?' 'Are special circumstances found under s 44(2) of the Crimes (Sentencing Procedure) Act 1999?']

Ratio Decidendi

The offender was convicted of the offence of ongoing supply of prohibited drugs, with Form 1 offences taken into account. In sentencing, the court regarded the offending as of mid-range seriousness due to the scale and organisation of the operation. The court recognised the offender's disadvantaged background, addiction, and mental health issues but found only an indirect connection between mental illness and offending. Special circumstances were found to allow a longer parole period to support rehabilitation, resulting in a sentence of five years with a three-year non-parole period, and a two-year balance of term.

Court Disposition

Convicted and sentenced to imprisonment.

Orders

  • ['Convicted of supply prohibited drug on ongoing basis' 'Form 1 matters (four counts of supply) taken into account' 'Imprisonment for 5 years: non-parole period of 3 years (5/9/17 - 4/9/20), balance of term 2 years (5/9/20 - 4/9/22)' 'Special circumstances found permitting extended supervised parole period']