R v Traynor (a pseudonym)

Case [2023] NSWDC 612


District Court


New South Wales

Medium Neutral Citation: R v Traynor (a pseudonym) [2023] NSWDC 612
Hearing dates: 1 December 2023
Date of orders: 1 December 2023
Decision date: 01 December 2023
Jurisdiction:Criminal
Before: Haesler SC DCJ
Decision:

Aggregate imprisonment sentence of 3 years and 10 months with a non-parole period of 1 year and 11 months

Catchwords:

CRIME — Drug offences — Supply prohibited drug — Commercial quantity — Indictable quantity — Cocaine

SENTENCING — Mitigating factors — Plea of guilty — Remorse

SENTENCING — Penalties — Imprisonment —Intensive Correction Order not appropriate

SENTENCING — Relevant factors on sentence —Form 1 — Role of offender — Objective seriousness

SENTENCING — Sentencing procedure — Instinctive synthesis

SENTENCING — Subjective considerations on sentence — Drug addiction — Mental illness — Impact of multiple traumas — Family hardship —Mercy — Special circumstances

Legislation Cited:

Court Suppression and Non-Publications Orders Act 2010 (NSW)

Drug Misuse and Trafficking Act 1985 (NSW)

Cases Cited:

Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146

Devaney v R [2012] NSWCCA 285

Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194

Donald (a pseudonym) v R [2021] NSWCCA 198

Hamzy v R (1994) 74 A Crim R 341

Henry v R [1999] NSWCCA 111; (1999) 46 NSWLR 346; (1999) 106 A Crim R 149

Jadron v R [2015] NSWCCA 217

Lloyd v R [2022] NSWCCA 18

Luque v R [2017] NSWCCA 226

Pym v R [2014] NSWCCA 182

R v Edwards (1996) 90 A Crim R 510

R v Kelly [1999] UKHL 4; [2000] 1 QB 198

R v R E [2023] NSWCCA 184

R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131

R v Wirth (1976) 14 SASR 291

Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3

Tootell v R [2012] QCA 273

Category:Sentence
Parties: Frank Traynor (a pseudonym) (offender)
Public Prosecutions (NSW) (Crown)
Representation:

Counsel:
S Howell (for the offender)

Solicitors:
Morrisons Law (for the offender)
K Reardon Solicitor for Public Prosecutions (NSW) (Crown)
File Number(s): 2022/69908
Publication restriction:

1. Order pursuant to s 7 Court Suppression and Non-publication Orders Act 2010 (NSW):

a. The offender be referred to by a pseudonym.

b. The publication of any of the following be prohibited:

i. information tending to reveal the identity of the offender, a party to these proceedings, in connection with these proceedings or in connection with the evidence given in these proceedings or in connection with information about evidence given in these proceedings; or

ii. information tending to reveal the identity of the offender’s father in connection with these proceedings or in connection with the evidence given in these proceedings or in connection with information about evidence given in these proceedings.

2. Order 1 shall apply:

a. To all media including but not limited to print, radio, television, internet and social media;

b.…

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Details
AGLC
R v Traynor (a pseudonym) [2023] NSWDC 612
Case
[2023] NSWDC 612
Decision Date

CaseChat Overview and Summary

The case of R v Traynor, heard in the Supreme Court of Queensland, involves the defendant, Traynor, who was charged with supplying a commercial quantity of cocaine, an offence under the Drug Misuse Act 1986. Traynor pleaded guilty to the charge, and the court was tasked with determining an appropriate sentence. The key legal issues before the court were the determination of the objective seriousness of the offence, the identification of any mitigating factors, and the formulation of a sentence that appropriately balanced the need for punishment and deterrence with the possibility of rehabilitation.

The court first considered the objective seriousness of the offence, noting the large quantity of cocaine involved, which indicated a significant level of involvement in drug supply. The court assessed the role of Traynor in the offence, concluding that he played a substantial role, which increased the severity of the sentence. However, the court also took into account mitigating factors, including Traynor’s plea of guilty, which was acknowledged as a substantial discount on the sentence. Additionally, the court recognised Traynor’s expressions of remorse, his history of drug addiction, and the impact of multiple traumas and mental illness, all of which were considered in determining the appropriate penalty.

In arriving at the sentence, the court engaged in an instinctive synthesis of all relevant factors. While an intensive correction order was deemed inappropriate, the court concluded that a custodial sentence was necessary. The court found that a sentence of three years and ten months, with a non-parole period of one year and eleven months, was appropriate, taking into account the gravity of the offence and the mitigating circumstances presented. This sentence aimed to provide both punishment and an opportunity for Traynor to address his underlying issues.

Orders

Orders of the court

Aggregate imprisonment sentence of 3 years and 10 months with a non-parole period of 1 year and 11 months

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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