Regina v Evans (No 2) [2021] NFSC 3

SUPREME COURT OF NORFOLK ISLAND

Regina v Evans (No 2) [2021] NFSC 3 File number: SCC 1 of 2021

Judge: RARES J

Date of judgment: 4 June 2021

Catchwords: CRIMINAL LAW – sentencing – guilty pleas – where offender has no prior criminal record – where offender charged with trafficking controlled drug but bail dispensed with and after release committed further offences of possession and trafficking controlled drugs – whether offender expressed contrition for offending conduct – where offender spent 14 days in custody on remand and subject to bail conditions amounting to home detention for two years – where de facto partner reliant on defendant for emotional and medical support – where offender rehabilitated during remand CRIMINAL LAW – sentencing under Pt IB Crimes Act 1914 (Cth) – guilty pleas – where offender guilty of possession of and trafficking in controlled drugs contrary to ss 308.1(1) and 302.4(1) of Sch to Criminal Code Act 1995 (Cth) of Criminal Code – whether full time imprisonment or immediate recognisance release order under ss 19AC(1) and 20(1) of Crimes Act 1914 appropriate – whether appropriate to include conditions amounting to home detention in recognisance release order – offender sentenced to term of imprisonment but released immediately with security by entering recognisance release order CRIMINAL LAW – sentencing under s 5 Sentencing Act 2007 (NI) – guilty pleas – where offender guilty of possessing a prescribed plant contrary to s 12A(1)(e) Dangerous Drugs Act 1927 (NI) – where two further offences of using and consuming controlled drug contrary to s 302A(1) Criminal Code 2007 (NI) taken into account – where offender guilty of possession of firearm without registration or licence contrary to ss 6(1) and 35(1) Firearms and Prohibited Weapons Act 1997 (NI) – where offender guilty of possession of silencer without authorisation contrary to s 45A(1) Firearms and Prohibited Weapons Act – offender sentenced to enter into bonds, perform community service and pay fines