R v Clarke [2014] NSWDC 307

District Court New South Wales

Medium Neutral Citation: R v Clarke [2014] NSWDC 307 Decision date: 04 December 2014 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: Sentenced to an aggregate term of imprisonment of 4 years with a non-parole period of 18 months. Catchwords: CRIMINAL LAW - particular offences - drug offences - supply prohibited drug - offences against the person - assault police - sentence - relevant factors - prior criminality - extensive criminal record - aggravating factors - number of criminal acts - offences committed whilst on parole - committing offences for financial gain - nature and circumstances of offender - dysfunctional family of origin - unfortunate family circumstances - lesser moral culpability - demonstrated contrition - determined to rehabilitate - sincere and impressive young man - loyal and supportive family - reasonably good prospects of rehabilitation - plea of guilty at earliest opportunity - 25% discount - special circumstances for adjusting the ratio between head sentence and non-parole period - significant reduction - need for supervision in community - risk of entrenched institutionalisation - Form 1 for 4 offences taken into account for supply prohibited drug offence Legislation Cited: Crimes Act 1900 (NSW), s 58 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 5, 21A, 32, 53A Drug Misuse and Trafficking Act 1985 (NSW), s 25(1) Cases Cited: R v Millwood [2012] NSWCCA 2 Category: Sentence Parties: Regina (Crown) Jesse James Clarke (offender) Representation: Counsel: C Mendes (offender)

Solicitors: NSW Office of the Director of Public Prosecutions (Crown) File Number(s): 2013/00241200