NSW Caselaw
New South Wales District Court
CITATION: R v Baker [2009] NSWDC 105
HEARING DATE(S): 08/02/08, 19/03/09, 11/07/08, 25/08/08, 26/09/08, 24/10/08, 05/12/08, 23/01/09, 19/02/09, 27/05/09
JUDGMENT DATE: 27 May 2009
JURISDICTION: Criminal
JUDGMENT OF: Toner SC DCJ
Mr Baker was convicted . DECISION: Sentenced to a non-parole period of 3 years and 6 months to commence on 27 May 2009 and expire on 26 November 2012. Sentenced to a total term of imprisonment of 10 years and 6 months to commence on 27 May 2009 and expire on 26 November 2019. Eligible for release on parole on 26 November 2012.
CATCHWORDS: Quadriplegic at the time of the offence. - Can a quadriplegic be accommodated in prison? - Conspiracy to manufacture not less than a large commercial quantity of MDMA. - Is the very substantial extra cost to the State of accommodating an offender who is quadraplegic a relevant factor in sentencing? - The extraordinary social and physical isolation of a prisoner who is quadraplegic as a factor to reduce the sentence.
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985
R v Barci & Asling (1994) 76 ACrimR 103 R v Burchell (1987) 34 ACrimR 148 R v Cartwright (1989) 17 NSWLR 243 CASES CITED: R v Daetz (2003) 139 ACrimR 398 R v Genz [1999] NSWCCA 285 R v Nomchong NSWCCA 10 April 1997 unreported R v Thomson and Houlton (2000) 49 NSWLR 285
PARTIES: Regina v Paul Baker
FILE NUMBER(S): 2007/000014939
COUNSEL: Ms Olender - Solicitor Mr Peluso - Counsel
SOLICITORS: Depatment of Public Prosecution Michael Jokovic and Associates
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