NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Dunn [2020] NSWDC 877 Hearing dates: 11 December 2020 Decision date: 11 December 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of 3 years with a non-parole period of 2 years. Catchwords: CRIME – Supply prohibited drug – Affray SENTENCING — Relevant factors on sentence - long custodial history - deprived background - institutionalised – inability to engage with rehabilitation - supply of drugs to maintain addiction - affray –involved the use of weapons - offender suffered serious injury- extra-curial punishment – offending while on parole - offending in breach of bond - accumulation of sentences – totality - impact of plea negotiations on discount for its utilitarian benefit CRIMINAL PROCEDURE – Error in commencement date – s43 Crimes (Sentencing Procedure) Act 1999 not applicable - slip rule applied - commencement date of orders varied. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug (Misuse and Trafficking) Act 1985 Cases Cited: Bungie, Scott v R; Bungie, Robert v R [2015] NSWCCA 9 Burrell v The Queen [2008] HCA 34; (2008) 238 CLR 218 Dean v R [2020] NSWCCA 317 Gould v Vaggelas (1985) 157 CLR 215 at 275; [1985] HCA 75 R v Achurch (No 2) [2013] NSWCCA 117; 84 NSWLR 328 Thompson-Davis v R [2013] NSWCCA 75 Category: Sentence Parties: Garrett Dunn (the offender) Director of Public Prosecutions Representation: Counsel: Mr M Powell
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