Hooker v R [2019] NSWCCA 283

Hooker v R [2019] NSWCCA 283

The aggregate sentence was well within the sentencing discretion and was not unreasonable or plainly unjust, having regard to the 15-year maximum penalties, the need for some accumulation because the two offences were committed eight months apart at different locations and the second while on bail, the planning and concealment involved in the second offence, the six Form 1 offences, the applicant's extensive criminal history and need for specific deterrence, her lack of good prospects of rehabilitation, and the favourable adjustment of the non-parole period for special circumstances.

Jurisdiction
Australia
Judgment Date
29 November 2019
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence Imposed in the District Court of NSW
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['manifest Excess' 'supply of Prohibited Drug' 'aggregate Sentence' 'form 1 Offences' 'specific Deterrence' 'offending While on Bail']
['criminal Law' 'sentencing' 'drug Offences'] ['manifest Excess' 'supply of Prohibited Drug' 'aggregate Sentence' 'form 1 Offences' 'specific Deterrence' 'offending While on Bail']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence Imposed in the District Court of NSW

Legal Issues

  1. 1 ['Whether the aggregate sentence of imprisonment for 3 years and 4 months with a non-parole period of 2 years for two counts of supplying methylamphetamine was manifestly excessive.']

Ratio Decidendi

The aggregate sentence was well within the sentencing discretion and was not unreasonable or plainly unjust, having regard to the 15-year maximum penalties, the need for some accumulation because the two offences were committed eight months apart at different locations and the second while on bail, the planning and concealment involved in the second offence, the six Form 1 offences, the applicant's extensive criminal history and need for specific deterrence, her lack of good prospects of rehabilitation, and the favourable adjustment of the non-parole period for special circumstances.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']