R v Butler
Case
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[2024] NSWDC 79
•21 March 2024
Details
AGLC
Case
Decision Date
R v Butler [2024] NSWDC 79
[2024] NSWDC 79
21 March 2024
CaseChat Overview and Summary
In the case of R v Butler, the defendant, Kyle Butler, faced charges related to drug offences under the Commonwealth's jurisdiction. The court was tasked with determining the guilt and appropriate sentencing for the defendant, who had pleaded guilty to the charges.
The primary legal issue before the court was whether the defendant's actions constituted a breach of the Commonwealth's drug laws and, if so, what the appropriate sentence should be, considering the plea of guilty. The court had to consider the nature and circumstances of the offence, the defendant's criminal history, and any mitigating factors presented.
The court found that the evidence presented was sufficient to convict the defendant of the drug offences. In its reasoning, the court noted the seriousness of the offences but also took into account the defendant's plea of guilty, which warranted a discount in the sentence. The court imposed a term of imprisonment of 3 years, to be served from 22 September 2023, with an early release date of 21 March 2024, followed by a period of recognisance with specific conditions aimed at the rehabilitation of the offender.
The court's final orders included the conviction of the defendant, the imposition of a 3-year prison sentence with early release, and the conditions of recognisance to be observed by the defendant post-release. The sentence was designed to reflect the gravity of the offence while also facilitating the rehabilitation of the offender.
The primary legal issue before the court was whether the defendant's actions constituted a breach of the Commonwealth's drug laws and, if so, what the appropriate sentence should be, considering the plea of guilty. The court had to consider the nature and circumstances of the offence, the defendant's criminal history, and any mitigating factors presented.
The court found that the evidence presented was sufficient to convict the defendant of the drug offences. In its reasoning, the court noted the seriousness of the offences but also took into account the defendant's plea of guilty, which warranted a discount in the sentence. The court imposed a term of imprisonment of 3 years, to be served from 22 September 2023, with an early release date of 21 March 2024, followed by a period of recognisance with specific conditions aimed at the rehabilitation of the offender.
The court's final orders included the conviction of the defendant, the imposition of a 3-year prison sentence with early release, and the conditions of recognisance to be observed by the defendant post-release. The sentence was designed to reflect the gravity of the offence while also facilitating the rehabilitation of the offender.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Criminal Liability
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Sentencing
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Recognisance
Actions
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Citations
R v Butler [2024] NSWDC 79
Most Recent Citation
R v Butler [2024] NSWCCA 133
Cases Citing This Decision
4
Keen v The King
[2024] NSWCCA 157
R v Butler
[2024] NSWCCA 133
Keen v The King
[2024] NSWCCA 157
Cases Cited
10
Statutory Material Cited
2
Power v The Queen
[1974] HCA 26
Power v The Queen
[1974] HCA 26
Power v The Queen
[1974] HCA 26