District Court
New South Wales
Medium Neutral Citation: R v Carr, Dean William [2022] NSWDC 231 Hearing dates: 21 and 22 March 2022 Date of orders: 7 April 2022 Decision date: 07 April 2022 Jurisdiction: Criminal Before: P Taylor SC DCJ Decision: (1) Dean William Carr is convicted on supply of a commercial quantity of a prohibited drug under s 25(2) of the Drug Misuse and Trafficking Act 1985.
(2) The offender is sentenced to a term of imprisonment of two years and three months to date from 26 August 2020 and expiring on 25 November 2022.
(3) I set a non-parole period of 18 months making the offender eligible for parole on 25 February 2022. The offender is thereby presently eligible for parole.
(4) I find special circumstances.
Catchwords: CRIME — Drug offences — Supply prohibited drug — Commercial quantity
SENTENCING — Relevant factors on sentence — Co-offenders — Parity
SENTENCING — Subjective considerations on sentence — Aboriginal offenders – Drug addiction – Mental illness
SENTENCING — Mitigating factors — Plea of guilty – “new count offence”
Legislation Cited: Crimes (Sentencing Procedure) Act 1999, s 3A, s 5, s 21A, s 25D, s 25E, s 54A
Drug Misuse and Trafficking Act 1985, s 3
Interpretation Act 1987, s 8
Cases Cited: Anderson v Judges of the District Court (NSW) (1992) 27 NSWLR 701
Bugmy v The Queen (2013) 249 CLR 571
DPPvDeLaRosa (2010) 79 NSWLR 1
Mandranis v R [2021] NSWCCA 97
R v Black (No 2) [2021] NSWSC 77
R v Blair (2005) 152 A Crim R 462
RvDoudar [2020] NSWSC 1262
R v MacDonnell [2002] NSWCCA 34; (2002) 128 A Crim R 44
R v MacDonnell (2002) 128 A Crim R 44
R v Pham, Tran & Dang; Ex parte Director of Public Prosecutions (DPP) [2017] QCA 046
Regina v Shi [2004] NSWCCA 135
Taysavang v R [2017] NSWCCA 146
The Queen v Olbrich (1999) 199 CLR 270
Tyler v The Queen [2007] NSWCCA 247, (2007) 173 A Crim R 458
Category: Sentence Parties: Regina
Dean William Carr (Offender)Representation: Counsel:
Solicitors:
Mr A Djemal (Offender)
Office of the Director of Public Prosecutions NSW (Crown)
Zahr Partners (Offender)
File Number(s): 2020/00158692 Publication restriction: None
Judgment
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Dean William Carr pleaded guilty to supply of a commercial quantity of a prohibited drug, namely heroin. This offence carries a maximum penalty of 20 years’ imprisonment with a ten-year standard non-parole period.
Plea
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Mr Carr pleaded guilty after committal. Section 25D of the Crimes (Sentencing Procedure) Act 1999 determines the sentencing discount that is to apply for the utilitarian value of the guilty plea. As the plea was not offered before committal, but was given more…
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- AGLC
- R v Carr, Dean William [2022] NSWDC 231
- Case
- [2022] NSWDC 231
- Decision Date
CaseChat Overview and Summary
The court considered various factors in determining the sentence. It acknowledged the seriousness of the offence, given the commercial quantity of the drug involved. The court also recognised Carr’s plea of guilty as a mitigating factor, which warranted a discount in the sentence. However, the court needed to balance this with the necessity to ensure general deterrence and to reflect the gravity of the offence. The court also took into account Carr’s personal circumstances, including his Aboriginal background, drug addiction, and mental illness, which were deemed to be significant mitigating factors. These considerations were weighed against the need for parity with co-offenders and the overarching goal of sentencing to promote rehabilitation.
In reaching its decision, the court found that a sentence of two years and three months imprisonment was appropriate, with a non-parole period of 18 months. This sentence, the court concluded, balanced the need for punishment, deterrence, and rehabilitation. The court also found special circumstances, which influenced the sentence. The court held that while the offence was serious, Carr’s background and mitigating factors warranted a sentence that provided him with an opportunity for rehabilitation and reintegration into society.
The final orders of the court included a conviction on the charge of supplying a commercial quantity of a prohibited drug, a sentence of two years and three months imprisonment, and a non-parole period of 18 months. The court's decision reflected a comprehensive consideration of all relevant factors, ensuring that the sentence was just and appropriate for the circumstances of the case.
Orders
Orders of the court
(1) Dean William Carr is convicted on supply of a commercial quantity of a prohibited drug under s 25(2) of the Drug Misuse and Trafficking Act 1985.
(2) The offender is sentenced to a term of imprisonment of two years and three months to date from 26 August 2020 and expiring on 25 November 2022.
(3) I set a non-parole period of 18 months making the offender eligible for parole on 25 February 2022. The offender is thereby presently eligible for parole.
(4) I find special circumstances.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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