SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v NF (No 1) |
Citation: | [2016] ACTSC 216 |
Hearing Date: | 7 July 2016 |
DecisionDate: | 13 July 2016 |
Before: | Refshauge J |
Decision: | 1. NF be convicted of aiding and abetting in the importation of a marketable quantity of a border controlled drug (CH 15/864). 2. NF be sentenced to 2 years and 6 months imprisonment to commence today. 3. NF be convicted of aiding and abetting in the importation of a marketable quantity of a border controlled drug (CH 15/865). 4. NF be sentenced to 18 months imprisonment to commence today to be wholly concurrent with the first sentence. 5. NF be convicted of aiding and abetting in the importation of a marketable quantity of a border controlled drug (CH 15/866). 6. NF be sentenced to 18 months imprisonment to commence today to be wholly concurrent with the first sentence. 7. Under s 20 of the Crimes Act 1914 (Cth), NF be released upon giving security in the sum of $50 to be of good behaviour for a period of 3 years and he be subject to supervision by the Director-General or her delegate for the period of 3 years or such lesser period as the person supervising him considers appropriate and obey all reasonable directions of that person. 8. NF be convicted of trafficking in a controlled drug, namely MDMA (CH 15/584). 9. NF be sentenced to 12 months imprisonment to commence on 13/5/2018 to be cumulative as to 4 months on the sentences for the Commonwealth offences. 10. NF be convicted of supplying a drug of dependence, namely MDMA (CH 15/854). 11. NF be sentenced to 12 months imprisonment to commence on 13/9/2018 to be cumulative as to 4 months on the sentences for trafficking MDMA. 12. NF be convicted of trafficking in a controlled drug, namely mephedrone (CH 15/506). 13. NF be sentenced to 12 months imprisonment to commence on 13/1/2019 to be cumulative as to 4 months on the sentences for supplying MDMA. 14. NF be convicted of trafficking in a controlled drug, namely LSD (CH 15/505). 15. NF be sentenced to 12 months imprisonment to commence on 13/5/2019 to be cumulative as to 4 months on the sentences for trafficking mephedrone. 16. NF be convicted of damaging property (CH 15/853). 17. NF be sentenced to 4 months imprisonment to commence on 13/2/2020 to be cumulative as to 1 month on the sentences for trafficking LSD. 18. NF be convicted of damaging property (CH 15/848). 19. NF be sentenced to 4 months imprisonment to commence on 13/3/2020 to be cumulative as to 1 month on the first sentence for damaging property. 20. NF be convicted of damaging property (CH 15/849). 21. NF be sentenced to 4 months imprisonment to commence on 13/3/2020 to be wholly concurrent on the second sentence for damaging property. 22. NF be convicted of damaging property (CH 15/850). 23. NF be sentenced to 4 months imprisonment to commence on 13/3/2020 to be… |
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- AGLC
- R v NF (No 1) [2016] ACTSC 216
- Case
- [2016] ACTSC 216
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were the appropriate sentencing for the range of offences committed by NF, a young offender. The court had to consider the cumulative impact of the offences and the need to balance the principles of deterrence, rehabilitation, and protection of the community. Additionally, the court had to determine whether the offences warranted concurrent or cumulative sentencing, and whether a suspended sentence and recognizance release order would be appropriate in this case.
The court found that NF's offences, while serious, warranted a sentence that allowed for rehabilitation and reintegration into society. The court acknowledged the youth and immaturity of NF, as well as the potential for rehabilitation. As a result, the court imposed a total sentence of 4 years and 1 month, to be suspended for 3 years. NF was also subject to a recognizance release order, a Good Behaviour Order, and a reparation order, which required NF to pay compensation to the victims of his crimes. The court also ordered NF to sign an undertaking to comply with the offenders good behaviour obligations under the Crimes (Sentencing Administration) Act 2005 (ACT) for a period of 3 years, to begin on 13/5/2018, with a probation condition that he accept the supervision of the Director-General or her delegate for the period of 3 years or such lesser period as the person supervising him considers appropriate.
The court ordered that NF be convicted of and sentenced for the various offences as detailed in the orders section. Additionally, NF was directed to pay compensation to the victims of his crimes, and to comply with the good behaviour obligations and supervision as outlined in the court's orders.
Orders
Orders of the court
1. NF be convicted of aiding and abetting in the importation of a marketable quantity of a border controlled drug (CH 15/864).
2. NF be sentenced to 2 years and 6 months imprisonment to commence today.
3. NF be convicted of aiding and abetting in the importation of a marketable quantity of a border controlled drug (CH 15/865).
4. NF be sentenced to 18 months imprisonment to commence today to be wholly concurrent with the first sentence.
5. NF be convicted of aiding and abetting in the importation of a marketable quantity of a border controlled drug (CH 15/866).
6. NF be sentenced to 18 months imprisonment to commence today to be wholly concurrent with the first sentence.
7. Under s 20 of the Crimes Act 1914 (Cth), NF be released upon giving security in the sum of $50 to be of good behaviour for a period of 3 years and he be subject to supervision by the Director-General or her delegate for the period of 3 years or such lesser period as the person supervising him considers appropriate and obey all reasonable directions of that person.
8. NF be convicted of trafficking in a controlled drug, namely MDMA (CH 15/584).
9. NF be sentenced to 12 months imprisonment to commence on 13/5/2018 to be cumulative as to 4 months on the sentences for the Commonwealth offences.
10. NF be convicted of supplying a drug of dependence, namely MDMA (CH 15/854).
11. NF be sentenced to 12 months imprisonment to commence on 13/9/2018 to be cumulative as to 4 months on the sentences for trafficking MDMA.
12. NF be convicted of trafficking in a controlled drug, namely mephedrone (CH 15/506).
13. NF be sentenced to 12 months imprisonment to commence on 13/1/2019 to be cumulative as to 4 months on the sentences for supplying MDMA.
14. NF be convicted of trafficking in a controlled drug, namely LSD (CH 15/505).
15. NF be sentenced to 12 months imprisonment to commence on 13/5/2019 to be cumulative as to 4 months on the sentences for trafficking mephedrone.
16. NF be convicted of damaging property (CH 15/853).
17. NF be sentenced to 4 months imprisonment to commence on 13/2/2020 to be cumulative as to 1 month on the sentences for trafficking LSD.
18. NF be convicted of damaging property (CH 15/848).
19. NF be sentenced to 4 months imprisonment to commence on 13/3/2020 to be cumulative as to 1 month on the first sentence for damaging property.
20. NF be convicted of damaging property (CH 15/849).
21. NF be sentenced to 4 months imprisonment to commence on 13/3/2020 to be wholly concurrent on the second sentence for damaging property.
22. NF be convicted of damaging property (CH 15/850).
23. NF be sentenced to 4 months imprisonment to commence on 13/3/2020 to be wholly concurrent on the second sentence for damaging property.
24. NF be convicted of possessing a firearm (CH 15/504).
25. NF be sentenced to 2 months imprisonment to commence on 13/6/2020 to be cumulative as to 1 month on the second sentence for damaging property.
26. NF be convicted of possessing a prohibited weapon (CH 15/503).
27. NF be sentenced to 2 months imprisonment to commence on 13/6/2020 to be wholly concurrent on the sentence for possessing a firearm.
28. NF be convicted of possessing prohibited weapon (CH 15/502).
29. NF be sentenced to 2 months imprisonment to commence on 13/6/2020 to be wholly concurrent on the sentence for possessing a firearm.
30. That be a total sentence of 4 years and 1 month to be suspended for 3 years.
31. NF be required to sign an undertaking to comply with the offenders good behaviour obligations under the Crimes (Sentencing Administration) Act 2005 (ACT) for a period of 3 years, to begin on 13/5/2018, with a probation condition that he accept the supervision of the Director-General or her delegate for the period of 3 years or such lesser period as the person supervising him considers appropriate.
32. NF be convicted of possessing property unlawfully suspected of being stolen (CH 15/507).
33. NF be required to sign an undertaking to comply with the offenders good behaviour obligations under the Crimes (Sentencing Administration) Act 2005 (ACT) for a period of 12 months to be concurrent with the Good Behaviour Order in Order 31.
34. NF be convicted of theft (CH 15/851).
35. NF be required to sign an undertaking to comply with the offenders good behaviour obligations under the Crimes (Sentencing Administration) Act 2005 (ACT) for a period of 12 months to be concurrent with the Good Behaviour Order in Order 31.
36. NF be convicted of theft (CH 15/852).
37. NF be required to sign an undertaking to comply with the offenders good behaviour obligations under the Crimes (Sentencing Administration) Act 2005 (ACT) for a period of 12 months to be concurrent with the Good Behaviour Order in Order 31.
38. NF be directed to pay the sum of $600 to the Registrar of the Supreme Court within 18 months for payment out to Brett Allen.
39. NF be directed to pay the sum of $495.20 to the Registrar of the Supreme Court within 18 months for payment out to Scott Maher.
40. NF be directed to pay the sum of $819.24 to the Registrar of the Supreme Court within 18 months for payment out to Suvransu Brahma.
41. NF be directed to pay the sum of $2058.23 to the Registrar of the Supreme Court within 2 years for payment out to the Australian Capital Territory.
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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