R v BENNET [2018] NSWDC 454

District Court New South Wales

Medium Neutral Citation: R v BENNET [2018] NSWDC 454 Hearing dates: 21 September 201824 September 2018 Decision date: 02 October 2018 Jurisdiction: Criminal Before: KING SC DCJ Decision: Convicted. Special circumstances found – to provide for an extended period of supervised parole to assist in drug rehabilitation and to assist the offender in not re-offending. Form 1 matters taken into account on sentence imposed. Sentenced to a total term of imprisonment for 5 years, comprising of a NPP of 3 years to commence on 5/9/17 and to expire on 4/9/20 and a balance of term of 2 years to commence on 5/9/20 and to expire on 4/9/22. Catchwords: CRIMINAL – Sentence – supply prohibited drug on ongoing basis – methylamphetamine – Form 1 offences (supply methlamphetamine) - subjective matters – mental health issues – deprived background – relationship between mental health issues and offending Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Attorney General's Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 (Number 1 of 2002) (2002) NSWCCA 518 R v Beale [2015] NSWCCA 120 DPP (Cth) v De La Rosa (2010) 205 ACrimR 1 R v Bugmy [2013] HCA 37 R v Fernando (1992) 76 A Crim R 58 R v Hoskins [2016] NSWCCA 157 R v McIlwraith [2017] NSWCCA 13 R v Thomson; R v Houlton (2000) 115 ACrimR 104 R v Wasson [2014] NSWCCA 95 Category: Sentence Parties: Regina Toni Leanne BENNET Representation: Counsel: Defence: Mr S Fraser