R v Darcy [2020] NSWDC 824

District Court New South Wales

Medium Neutral Citation: R v Darcy [2020] NSWDC 824 Hearing dates: 02 & 18 November 2020 Date of orders: 18 November 2020 Decision date: 18 November 2020 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Aggregate sentence of imprisonment of 6 years 6 months with a non-parole period of 3 years 9 months Catchwords: CRIME — Drug offences — Possess prohibited drug CRIME — Fraud — Dishonestly obtain property by deception CRIME — Property offences — Larceny CRIME — Violent offences — Resist/Hinder police officer in execution of duty SENTENCING — Penalties — Drug Court SENTENCING — Penalties — Drug Court — Eligibility for program SENTENCING — Relevant factors on sentence — Form 1 offences SENTENCING — Relevant factors on sentence — General principles SENTENCING — Relevant factors on sentence — Maximum penalty SENTENCING — Relevant factors on sentence — Multiple offences SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences SENTENCING — Relevant factors on sentence — Multiple offences — Accumulation, concurrency and totality SENTENCING — Relevant factors on sentence — Purposes of sentencing SENTENCING — Subjective considerations on sentence — Age of offender SENTENCING — Subjective considerations on sentence — Drug addiction SENTENCING — Subjective considerations on sentence — Special circumstances Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Court Act 1988 Drug Misuse and Trafficking Act 1985 Cases Cited: Attorney-General's application under s 37 Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518 Imbornone v R [2017] NSWCCA 144 R v Qutami [2001] NSWCCA 353 Category: Sentence Parties: Regina (Crown) Ethan Darcy (Offender) Representation: Kate Bombell (Crown) Steven Doupe (counsel for the Offender)