NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Winters [2021] NSWDC 792 Hearing dates: 10 November 2021 Date of orders: 10 November 2021 Decision date: 10 November 2021 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: An aggregate term of imprisonment of three years and one month with a non-parole period of two years: at [32]. Catchwords: SENTENCING — Aggravating factors — Record of previous convictions SENTENCING — Mitigating factors — Plea of guilty — Remorse SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Co-offenders — Deterrence — Form 1 offences — Maximum penalty — Moral culpability — Multiple offences — Objective seriousness — Objective seriousness SENTENCING — Subjective considerations on sentence — Aboriginal offenders — Drug addiction — Mental illness — Special circumstances Legislation Cited: Drug Misuse and Trafficking Act 1985 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 R v CBK (2002) 135 A Crim R 260 Parente v R [2017] NSWCCA 284 Bugmy v The Queen (2013) 249 CLR 571 Category: Sentence Parties: Regina (Office of the Director of Public Prosecutions)
Mark Winters (Offender) Representation: Ms K McCrossin (Solicitor, Office of the Director of Public Prosecutions)
Mr J Moffett (Counsel for the offender) File Number(s): 2020/152311
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