NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Clemas [2023] NSWDC 607 Hearing dates: 24 November 2023 Date of orders: 24 November 2023 Decision date: 24 November 2023 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Imprisonment sentence of 3 years with a non-parole period of 2 years Catchwords: CRIME — Drug offences — Supply prohibited drug — Commercial quantity SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Objective seriousness — Maintenance of innocence SENTENCING — Sentencing procedure — After jury trial — Fact finding consistent with jury verdict SENTENCING — Subjective considerations on sentence — Childhood deprivation — Drug addiction good prospects if he engages in treatment — Solid work history — Special circumstances Legislation Cited: Bail Act 2013 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 Hili v The Queen; Jones v The Queen [2010] HCA 45; (2010) 242 CLR 52 Olbrich v The Queen [1999] HCA 54; (1999) 199 CLR 270 R v Shi [2004] NSWCCA 135. Category: Sentence Parties: Barry Clemas (the offender) Director of Public Prosecutions (the Crown) Representation: Solicitors: I Vizintin Legal Aid NSW (for the offender) R Taylor for Public Prosecutions (NSW) (Crown) File Number(s): 2022/15682
JUDGMENT – Ex tempore revised
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