R v Austen [2017] NSWDC 425

District Court New South Wales

Medium Neutral Citation: R v Austen [2017] NSWDC 425 Hearing dates: 20 – 21 July 2017 Date of orders: 25 August 2017 Decision date: 25 August 2017 Jurisdiction: Criminal Before: Neilson DCJ Decision: I sentence you to imprisonment. I have set a non-parole period of one year and three months, commencing on 27 July 2017 and expiring on 26 October 2018. I impose a further period of imprisonment of one year to commence upon the expiration of the non-parole period and expiring on 26 October 2019. The total sentence is therefore two years and three months, comprising the non-parole period and the balance of the sentence. I have found special circumstances. You are to be released to parole at the expiration of the non-parole period. In passing that sentence I have taken into account the matter on the Form 1. Catchwords: CRIME – SENTENCE – Supply of a prohibited drug, namely cocaine – Sentence passed on related offender considered – Current offender's criminality objectively greater – Finding of special circumstances Legislation Cited: Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: EF v R [2015] NSWCCA 36 R v Blair (2005) 152 A Crim R 462 R v Hayes (1987) 29 A Crim R 452 Category: Sentence Parties: Regina (Crown) Scott David Austen (Offender) Representation: Counsel: Ms A Narayan (Crown) Mr T Hughes (Offender)

Solicitors: Solicitors for the Office of the DPP (Crown) Korn MacDougall Lawyers (Offender) File Number(s): 2016/197316 Publication restriction: Nil