NSW Caselaw
New South Wales District Court
CITATION: R v Knight, Brian and Knight, Kevin [2008] NSWDC 135
HEARING DATE(S): 03/04/2008-04/04/2008
JUDGMENT DATE: 10 April 2008
EX TEMPORE JUDGMENT DATE : 8 August 2008
JURISDICTION: Criminal
JUDGMENT OF: Nicholson SC DCJ
DECISION: Brian Knight: Convicted Knowingly take part in supply of cannabis, sentenced 7months non parole, balance of term 3months 22days. Also convicted knowingly take part in supply of methylamphetamine, sentenced 6 months fixed term. Brian Knight: Convicted knowingly take part in supply of cannabais. Sentenced 10 months imprisonment, suspended conditional upon offender entering into good behaviour bond pursuant to s.12 Crimes (Sentencing Procedure ) Act.
CATCHWORDS: Criminal Law - Sentencing - Knowingly take part in Supply Drugs - Methylamphetamine - Cannabis -offenders highly placed Aboriginal men in Bourke - deemed supply methylamphetamine - actual supply through network of cannabis - trafficking in a substantial degree - meaning of - what constitutes exceptional circumstances when determining if supply not one calling for full time incarceration - tensions between principles of custodial sentence for those who traffic in drugs and sentencing consistency as revealed by JIRS sentencing statistics - subjective matters - offenders aged 54 and 37.
Gladue v The Queen [1999] 1SCR 688 [80] R v Rushby [1977] NSWLR 597 R v Hayes [1984] 1 NSWLR 740 R v Cuthbert [1967] 2 NSWR 329 CASES CITED: R v Clarke unreported NSWCCA 15 March 1990 R v Kipic and Elias [2004] NSWCCA 452 R v Pilley (1991) 56 A Crim R 202 R v Ozer unreported NSWCCA 9 November 1993 Cacciola (1998) 104 A Crim R 178 R v Ccciola (1998) 104 A Crim R
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