R v Sinclair Hull [2023] NSWDC 199

District Court New South Wales

Medium Neutral Citation: R v Sinclair Hull [2023] NSWDC 199 Hearing dates: 12 October 2022 Date of orders: 14 October 2022 Decision date: 14 October 2022 Jurisdiction: Criminal Before: Priestley SC DCJ Decision: See [90] Catchwords: CRIME — Drug offences — Supply prohibited drug — Large commercial quantity Legislation Cited: Drugs Misuse and Trafficking Act 1985 (NSW) Crimes (Administration of Sentences) Act (NSW) Cases Cited: Muldrock v The Queen [2011] HCA 39 R v Shi [2004] NSWCCA 135 R v Qi [2019] NSWCCA 73 R v Shi [2004] NSWCCA 135. Parente v The Queen [2017] NSWCCA 284 Texts Cited: NA Category: Sentence Parties: Rex (Crown) Tyler William Sinclair Hull (Offender) Representation: Counsel: Carty for the offender Franklin for the Director of the Department of Public Prosecutions (Crown) File Number(s): 2018/00393878 Publication restriction: NA

Introduction 1. Tyler Sinclair Hull appears for sentence in respect of one count of supplying a prohibited drug of a large commercial quantity in breach of section 25 (2) of the Drugs Misuse and Trafficking Act 1985. The maximum sentence for that offence is life imprisonment. There is a standard non-parole period of 15 years. I take both the maximum sentence and the standard non-parole period into account as legislative guideposts indicating the legislature's view of the seriousness of the offence to assist me in arriving at the appropriate sentence. 2. I note as was stated in Muldrock that the standard non-parole period serves this purpose regardless of whether the offending may fall in the low middle or high range of objective seriousness. 3. The date of the offending was 12 March 2021. The offender was arrested on 13 May 2021. The offender has been in custody since his arrest so has now spent one year, five months and one day in custody in respect of this offence. 4. There are no matters to be taken into account pursuant to the Form 1 procedure nor are there any matters on a section 166 certificate. 5. The offending occurred whilst the offender was on conditional liberty having been placed on a Community Correction Order (CCO) on 10 March 2020 for 18 months. 6. The offender is also to be dealt with in respect of the breach of the CCO.