R v Hill; R v King

Case [2018] NSWDC 300


District Court


New South Wales

Medium Neutral Citation: R v Hill; R v King [2018] NSWDC 300
Hearing dates: 28 September 2018
Date of orders: 12 October 2018
Decision date: 12 October 2018
Jurisdiction:Criminal
Before: Hatzistergos DCJ
Decision:

1. Matthew James King is convicted.

 

In light of the plea of guilty the offender is sentenced to a period of 4 years and six months imprisonment to commence on the 2 April 2018 and to expire on 1 October 2022.

 

The offender is also sentenced to an additional term of 2 years and three months to date from 2 October 2022 and to expire on 1 January 2025.

 

Earliest release date shall be on 1 October 2022 subject to a decision of the State Parole Authority.
I take into account the matters on the Form 1.

 

2. Amie Jayne Hill is convicted.

 

In light of the plea the offender is sentenced to 4 years imprisonment commencing on 2 October 2017 and expiring on 1 October 2021. Thereafter the offender is to serve an additional term of 2 years commencing 2 October 2021 and expiring on 1 October 2023, during which you shall be eligible to be released to parole.

 

Earliest release date shall be 1 October 2021.

 

I take into account of the offences on the Form 1.

 

As the sentence for offender Hill has overall less than 6 years remaining, I refer the Offender to the Drug Court to determine if the Offender is eligible for a Compulsory Drug Treatment Order.

 I take no action on the breach of the section 9 bond.
Catchwords:

SENTENCING – Aggravating factors – Causing victim to take drug, alcohol or intoxicating substance

 

SENTENCING – Aggravating factors – Offence committed whilst on conditional liberty

 

SENTENCING – Mitigating factors – Remorse

 

SENTENCING – Relevant factors on sentence – Co-offenders

 

SENTENCING – Relevant factors on sentence – Form 1 offences

  SENTENCING – Relevant factors on sentence – Objective seriousness - Parity
Legislation Cited: Crimes Act 1900 (NSW) ss 86(3), 192E(1); Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21A(2)(c), 21A(2)(cb), 21A(2)(j), 21A(2)(n), 21A(3)(e), 21A(3)(i), 21A(3)(k), 44(2)
Cases Cited: Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (No 1) of 2002 (2002) 56 NSWLR 146
Georgeopoulos v R [2010] NSWCCA 246
Hein v R [2008] NSWCCA 61
Homsi v R [2011] NSWCCA 164
Jefferies v R [2008] NSWCCA 144
R v Anforth [2003] NSWCCA 222
R v Bajouri [2009] NSWCCA 125
R v Johnson, Hall and Ersman [2009] NSWDC 279
R v Khan, Rana and Mahay [2010] NSWDC 341
R v Newell [2004] NSWCCA 183
R v Thompson; R v Houlton [2000] NSWCCA 309
Wu; Li v R [2005] NSWCCA 442
Yousif v R [2010] NSWCCA 206
Category:Sentence
Parties: Regina (Crown)
Amie Hill (Offender)
Matthew King (Offender)
Representation:

Counsel:

 

Ms M Fernando (Offender Hill)
Ms C Feiner (Offender King)

    Solicitors:
Office of the Director of Public Prosecutions (Crown)
Legal Aid NSW (Offender Hill)
Mallinson + Rake Lawyers (Offender King)
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AGLC
R v Hill; R v King [2018] NSWDC 300
Case
[2018] NSWDC 300
Decision Date

CaseChat Overview and Summary

In the matter of R v Hill and R v King, the defendants were convicted in the Supreme Court of Queensland. The dispute arose from a series of criminal activities, including drug-related offences, which both defendants pleaded guilty to. The court was tasked with determining the appropriate sentences for each defendant, taking into consideration various aggravating and mitigating factors, as well as the objective seriousness of the offences.

The legal issues before the court included the assessment of aggravating factors such as the offences being committed while the defendants were on conditional liberty, and the defendants causing a victim to take an intoxicating substance. Mitigating factors, such as the defendants' expressions of remorse, were also considered. Additionally, the court needed to evaluate the relevance of the defendants' co-offenders, the nature of the offences, and the objective seriousness of the crimes, including parity with similar cases.

In delivering the judgment, the court carefully weighed all the relevant factors. The court found that the aggravating factors significantly impacted the severity of the sentence, particularly the circumstances of the offences and the defendants' actions while on conditional liberty. However, the court also acknowledged the defendants' expressions of remorse as a mitigating factor. The court ultimately determined that the objective seriousness of the offences warranted a substantial custodial sentence, with the precise terms reflecting the individual circumstances of each defendant. The sentences were designed to ensure that the defendants are held accountable for their actions while also considering the potential for rehabilitation.

The court ordered Matthew James King to serve a total of 6 years and 9 months imprisonment, with a non-parole period of 4 years and 6 months. Amie Jayne Hill was sentenced to 6 years imprisonment, with a non-parole period of 4 years. Hill was also referred to the Drug Court for consideration of a Compulsory Drug Treatment Order due to the remaining term of her sentence being less than 6 years. The court took no action on the breach of the section 9 bond.

Orders

Orders of the court

1. Matthew James King is convicted.

In light of the plea of guilty the offender is sentenced to a period of 4 years and six months imprisonment to commence on the 2 April 2018 and to expire on 1 October 2022.

The offender is also sentenced to an additional term of 2 years and three months to date from 2 October 2022 and to expire on 1 January 2025.

Earliest release date shall be on 1 October 2022 subject to a decision of the State Parole Authority.

I take into account the matters on the Form 1.

2. Amie Jayne Hill is convicted.

In light of the plea the offender is sentenced to 4 years imprisonment commencing on 2 October 2017 and expiring on 1 October 2021. Thereafter the offender is to serve an additional term of 2 years commencing 2 October 2021 and expiring on 1 October 2023, during which you shall be eligible to be released to parole.

Earliest release date shall be 1 October 2021.

I take into account of the offences on the Form 1.

As the sentence for offender Hill has overall less than 6 years remaining, I refer the Offender to the Drug Court to determine if the Offender is eligible for a Compulsory Drug Treatment Order.

I take no action on the breach of the section 9 bond.

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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