R v Butler [2024] NSWDC 79

District Court New South Wales

Medium Neutral Citation: R v Butler [2024] NSWDC 79 Hearing dates: 08 March 2024 Date of orders: 21 March 2024 Decision date: 21 March 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Kyle Butler is convicted. 2 Taking into account the discount for the plea of guilty, I impose a term of imprisonment of 3 years to date from 22 September 2023 and expiring on 21 September 2026. 3 The offender is to be released on 21 March 2024 after having served 6 months of the sentence, and on entering into a recognisance in the sum of $1,000 to be of good behaviour for 5 years. The further conditions of the recognisance are: (a) The offender accepts supervision by an officer of Community Corrections; (b) The offender obeys all reasonable directions from Community Corrections; (c) The offender is to undertake such treatment or rehabilitation program as reasonably directed by Community Corrections. Catchwords: CRIME — Drug offences — Commonwealth offences Legislation Cited: Crimes Act 1914 (Cth) Criminal Code (Cth) Cases Cited: Bugmy v The Queen (1990) 169 CLR 525 Deakin v The Queen (1984) 58 ALJR 367 Hili v The Queen (2010) 242 CLR 520 Johnson v The Queen (2004) 78 ALJR 616 Power v The Queen (1974) 131 CLR 623 R v Barkl; R v Dumbrell; R v Theobald [2023] NSWCCA 309 R v El Karhani (1990) 21 NSWLR 370 R v Nassir [2020] NSWCCA 88 R v Nguyen (2010) 205 A Crim R 106 R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Rex (Crown) Kyle Lindsey Butler (Offender) Representation: Counsel: D New (Crown) G James AM KC (Offender)