SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Hyde |
Citation: | [2017] ACTSC 337 |
Hearing Date: | 27 October 2017 |
DecisionDate: | 27 October 2017 |
Before: | Mossop J |
Decision: | See [17] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – trafficking in a controlled drug other than cannabis – user/dealer – prior criminal convictions of a similar nature – positive factors towards rehabilitation – consideration of lowest level of objective seriousness – general deterrence – specific deterrence – partially suspended sentence of imprisonment |
Legislation Cited: | Crimes (Sentence Administration) Act 2005 (ACT) Criminal Code 2002 (ACT), s 603(7) |
Cases Cited: | |
Parties: | The Queen (Crown) Natalie Marie Hyde (Offender) |
Representation: | Counsel M Kent (Crown) K Saeedi (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Kamy Saeedi Law (Offender) | |
File Number: | SCC 260 of 2017 |
MOSSOP J:
Introduction
Natalie Marie Hyde has pleaded guilty to trafficking in a controlled drug, namely, methamphetamine. Trafficking in a controlled drug other than cannabis is contrary to
s 603(7) of the Criminal Code 2002 (ACT) and carries a maximum penalty of 10 years' imprisonment, a fine of $150,000, or both.
Facts
In the early hours of the morning of 17 June 2017, the vehicle in which Ms Hyde was travelling in was pulled over by police. As a result of what police were told and what they observed, they conducted a search of the vehicle and found a substance which was later tested and demonstrated to be 20.002 grams of methamphetamine.
They also found a quantity of money wrapped in two bundles and additional loose notes totalling $6107.50, a set of “Sharp scales”, a black case containing a glass methamphetamine pipe and a gold chain bracelet.
The offender pleaded guilty to the charge on the fifth occasion that the proceedings were before the ACT Magistrates Court.
The quantities that can be subject to this charge are between six grams and three kilograms. Having regard to the quantity found, the fact that the offender was found with a substantial quantity of money, and the fact that it is uncontroversial she was a methamphetamine user, I treat this case as not being in the lowest level of such a case, namely a subsistence dealer/user, but just above that level in that dealing was occurring at a level sufficient to accumulate some quantities of money but not any quantity that would permit a more extravagant lifestyle. Nor is there any evidence that she was supplying to other people so that those other people could on-sell the drug. I therefore treat the offending conduct as being at the lower end of the low to mid-range of objective seriousness for this offence.
Subjective Circumstances
The subjective circumstances of the offender are disclosed in the Pre-Sentence Report, which was tendered and became Exhibit 2.
Most significant is that Ms Hyde is currently 38 years old. She described herself as associating with an antisocial peer network since the age of 12…
Continue reading R v Hyde
Sign in free to access the full text
- AGLC
- R v Hyde [2017] ACTSC 337
- Case
- [2017] ACTSC 337
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the trial judge had correctly applied the principles of sentencing in relation to the appellant's trafficking offence. This included considerations of the objective seriousness of the offence, the appellant's prior criminal history, and the potential for rehabilitation. The court also needed to determine whether the sentence imposed was appropriate in terms of general and specific deterrence.
The court found that while the appellant's offence was serious, it did not reach the highest level of objective seriousness. The trial judge had considered the appellant's prior convictions and his potential for rehabilitation. The court held that the sentence, which included a partially suspended sentence of imprisonment, was appropriate. It reflected the need for both general and specific deterrence while also taking into account the appellant's prospects for rehabilitation. The court ultimately dismissed the appeal, affirming the original sentence.
Orders
Orders of the court
See [17]
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.