R v Henry [2021] NSWDC 152

District Court New South Wales

Medium Neutral Citation: R v Henry [2021] NSWDC 152 Hearing dates: 12 February 2021 Date of orders: 12 February 2021 Decision date: 12 February 2021 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: An aggregate term of imprisonment of 3 years, 2 months with a non-parole period of 22 months: at [44]. Catchwords: SENTENCING — Aggravating factors — Planned or organised criminal activity — Record of previous convictions SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Establishing relevant matters — Factual basis for sentence — Form 1 offences — General principles — Maximum penalty — Objective seriousness — Purposes of sentencing — Ellis discount SENTENCING — Subjective considerations on sentence — Special circumstances — Drug addiction Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Buckley v R [2021] NSWCCA 6 Imbornone v R [2017] NSWCCA 144 R v Ellis (1986) 6 NSWLR 603 R v Qutami (2001) 127 A Crim R 369 Texts Cited: Nil Category: Sentence Parties: Regina (Crown)

Jeffrey Henry (Offender) Representation: Ms N Keay (Crown Prosecutor)

Mr G Scragg (Counsel for the Accused) File Number(s): 2020/62969; 2020/181196 Publication restriction: STATUTORY NON PUBLICATION APPLIES Section 578A Crimes Act 1900: Any matter that may identify the complainant.