NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R (Commonwealth) v Hamilton [2022] NSWDC 677 Hearing dates: 26 August 2022 Date of orders: 26 August 2022 Decision date: 26 August 2022 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: A sentence of two years to be served subject to an Intensive Correction Order. Catchwords: CRIME – Import commercial quantity of a border controlled drug SENTENCING - Relevant factors on sentence – early plea – drug imported for non-commercial purpose - naïve importer accused's version given in evidence- is full time custody required Legislation Cited: Criminal Code Act 1995 (Cth) The Crimes Act 1914 (Cth) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002, [2013] NSWCCA 115; (2002) 56 NSWLR 146 DPP (Cth) v Maxwell [2013] VSCA 50 Markarian v The Queen; 228 CLR 357; [2005] HCA 25 Petkos v R [2020] NSWCCA 55 R v Corbett [2008] NSWCCA 42 R v Davidson [2009] NSWCCA 150 R v Dennison [2011] NSWCCA 114 R v Nguyen; R v Pham [2010] NSWCCA 238 Category: Sentence Parties: Ben William Hamilton (the offender) Commonwealth Director of Public Prosecutions Representation: Counsel: Mr A Brown (for Commonwealth Director of Public Prosecutions)
Solicitors: Mr B Galloway, Galloways Lawyers (for the offender) File Number(s): 2020/00328675
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