NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Barta [2022] NSWDC 587 Hearing dates: 5 August 2022 Date of orders: 5 August 2022 Decision date: 05 August 2022 Jurisdiction: Criminal Before: Neilson DCJ Decision: See pars [74]-[76]. Catchwords: CRIME – SENTENCE – DRUG OFFENCES – Numerous charges for the deemed supplies of Heroin, Cocaine, and Methylamphetamine. CRIME – SENTENCE – MATTERS TAKEN INTO ACCOUNT ON THREE FORM 1'S – Firearms offence for the possession of pen-gun with ammunition. CRIME – SENTENCE – MENTAL ILLNESS – De La Rosa considerations. Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Firearms Act 1996 (NSW) Cases Cited: Barta v R [2006] NSWCCA 6 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 R v lL (No 4) [2014] NSWSC 1801 Texts Cited: Nil. Category: Sentence Parties: R - Crown Offender – Stefan Barta Representation: R – Ms Pearson of the Office of the Director of Public Prosecutions (NSW) Offender – Mr Dalton, D. SC File Number(s): 2021/00038571 Publication restriction: Nil.
Judgment Agreed facts Offender's role Criminal Record Antecedents Consideration of mental illness Age Character in custody Comparative sentences Consideration of sentence Seriousness of the offence Covid-19 and health-problems Order
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