District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Rispen [2018] NSWDC 403 Hearing dates: 01 November 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: (1) The Offender is convicted
(2) Taking into account the pleas of guilty (15%) and the Forms 1 where applicable, the indicative terms of the sentence are:
• Sequence 35 – 8 years and 6 months imprisonment with a non-parole period of 5 years and 8 months
• Sequence 36 (taking into account the Form 1C matters) – 9 years imprisonment with a non-parole period of 6 years
• Sequence 37 – 8 years and 6 months imprisonment with a non-parole period of 5 years and 8 months
• Sequence 38 – 8 years and 6 months imprisonment with a non-parole period of 5 years and 8 months
• Sequence 39 (taking into account the Form 1A matters) – 10 years imprisonment with a non-parole period of 6 years and 8 months
• Sequence 41 (taking into account the Form 1B matters) – 4 years and 6 months imprisonment with a non-parole period of 3 years.(4) The earliest release date is 20 May 2027
(3) The aggregate sentence will be 15 years to date from 21 May 2017 and to expire on 20 May 2032 with a non-parole period of 10 years to date from 21 May 2017 and to expire on 20 May 2027. The Offender shall be eligible for release at the conclusion of the non-parole period subject to a decision of the State Parole Authority with the Offender’s earliest release date being 20 May 2027.Catchwords: SENTENCING – Supply of large commercial quantity of methylamphetamine contrary to Drug Misuse and Trafficking Act 1985 (NSW) s 25(2) – Multiple Form 1 Offences – Plea of guilty - Offender absconded for more than two years in breach of conditional bail – Utilitarian value of the plea - Question of remorse Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW)Cases Cited: Alvares v R (2011) 209 A Crim R 297
Attorney General’s Application under s 37 Crimes (Sentencing Procedure) Act 1999 (No 1) (2002) 56 NSWLR 137
Collier v R [2012] NSWCCA 213
Imbornone v The Queen [2017] NSWCCA 144
Markarian v R (2005) 228 CLR 357
Melikian v R [2008] NSWCCA 156
Mun v R [2015] NSWCCA 234
R v Harris [2001] NSWCCA 322
R v Johnson [2005] NSWCCA 80
R v MacDonnell (2002) 128 A Crim R 44
R v Thomson; R v Houlton (2000) 8 NSWLR 383
R v Trad [2003] NSWCCA 213
Samuel v R [2017] NSWCCA 239
Wat v R [2017] NSWCCA 62
Wu v R [2018] NSWCCA 74Texts Cited: N/A Category: Sentence Parties: Regina (Crown)
Darren Rispen (Offender)Representation: Counsel:
Ms G Bashir SC (Offender)
Mr M Coroneos (Offender)Solicitors:
Office of the Director of Public Prosecutions (Crown)
Birchgrove Legal (Offender)
File Number(s):
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- AGLC
- R v Rispen [2018] NSWDC 403
- Case
- [2018] NSWDC 403
- Decision Date
CaseChat Overview and Summary
In determining the appropriate sentence, the court took into account the seriousness of the offences, the defendant's criminal history, and the circumstances of the case. The court found that the offences were of high seriousness, given the large quantities of drugs involved, and that the defendant had a significant criminal history. The court also found that the defendant had absconded in breach of conditional bail, which was a factor that weighed against him. However, the court acknowledged the defendant's pleas of guilty and the Forms 1, which reduced the indicative terms of the sentence. The court also considered the defendant's remorse and the utilitarian value of his pleas of guilty. Ultimately, the court determined that the appropriate aggregate sentence was 15 years imprisonment, with a non-parole period of 10 years. The defendant's earliest release date will be 20 May 2027.
The court's orders reflect the determination of the appropriate sentence for the defendant. The court convicted the defendant and ordered that the aggregate sentence be 15 years imprisonment, with a non-parole period of 10 years. The court also ordered that the defendant be eligible for release at the conclusion of the non-parole period, subject to a decision of the State Parole Authority. The court's orders ensure that the defendant is appropriately punished for his crimes and that the community is protected from further harm.
Orders
Orders of the court
(1) The Offender is convicted
(2) Taking into account the pleas of guilty (15%) and the Forms 1 where applicable, the indicative terms of the sentence are:
• Sequence 35 – 8 years and 6 months imprisonment with a non-parole period of 5 years and 8 months
• Sequence 36 (taking into account the Form 1C matters) – 9 years imprisonment with a non-parole period of 6 years
• Sequence 37 – 8 years and 6 months imprisonment with a non-parole period of 5 years and 8 months
• Sequence 38 – 8 years and 6 months imprisonment with a non-parole period of 5 years and 8 months
• Sequence 39 (taking into account the Form 1A matters) – 10 years imprisonment with a non-parole period of 6 years and 8 months
• Sequence 41 (taking into account the Form 1B matters) – 4 years and 6 months imprisonment with a non-parole period of 3 years.
(3) The aggregate sentence will be 15 years to date from 21 May 2017 and to expire on 20 May 2032 with a non-parole period of 10 years to date from 21 May 2017 and to expire on 20 May 2027. The Offender shall be eligible for release at the conclusion of the non-parole period subject to a decision of the State Parole Authority with the Offender’s earliest release date being 20 May 2027.
(4) The earliest release date is 20 May 2027
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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