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District Court 3 November 2022

R v Hanrahan & Ors

[2022] NSWDC 531

Drugs
CRIMINAL LAW SENTENCING OF MULTIPLE CO OFFENDERS CONSIDERATION OF ROLE OF EACH OFFENDER APPLICATION OF PARITY PRINCIPLE

Citation: R v Hanrahan & Ors [2022] NSWDC 531
Court: District Court of New South Wales
Date: 3 November 2022
Judge: Abadee DCJ

Background

Four co-offenders, Glenn Hanrahan, Joseph Neale, Dennis Cummins, and Darren Scott, were sentenced for their involvement in large-scale trafficking of methylamphetamine ("ice") across the Central Coast and Tamworth regions of New South Wales during the second half of 2020. The offending involved two drug supply syndicates operating in those areas, with each offender playing a distinct role ranging from distribution to street-level supply.

A fifth co-offender, Beau Marshall, was the subject of separate sentencing remarks heard immediately before this proceeding. A further co-offender, Brooks, had already been sentenced prior to this proceeding. Two additional accused, Carruthers and Weis, remained before the courts at the time of sentencing, which led to an initial publication restriction on these remarks.

All four offenders before the court had pleaded guilty. The sentencing proceeded by way of a single set of remarks, as agreed by the Crown and defence counsel, with the court assessing each offender's objective criminality, subjective circumstances, and the application of the parity principle by reference to co-offenders across the broader syndicate.

  • What was the appropriate assessment of objective gravity for each offender's drug supply offending, having regard to the quantity of methylamphetamine involved and each offender's role?
  • How did the subjective circumstances of each offender (including guilty pleas, antecedents, remorse, and rehabilitation) affect the sentences imposed?
  • How did the parity principle apply across co-offenders with materially different roles, including Marshall (sentenced separately) and Brooks (already sentenced)?
  • Whether the threshold for full-time imprisonment under s 5 of the Crimes (Sentencing Procedure) Act 1999 was crossed, and whether an intensive correction order was appropriate for any offender.
  • Whether special circumstances existed for any offender, justifying a departure from the standard ratio between head sentence and non-parole period.

Decision

The court assessed each offender's criminality individually, with the quantities of methylamphetamine involved serving as a key indicator of objective gravity. Hanrahan's principal offence involved 1,120 grams (a large commercial quantity) with two further offences on a Form 1, including possession of approximately $80,965 in cash as proceeds of crime. Cummins's principal offence involved 826.61 grams (also a large commercial quantity) with six further Form 1 offences, including a firearms offence under the Firearms Act 1996. Neale's offence involved 294.95 grams (a commercial quantity), and Scott's offence involved 221.8 grams (also a commercial quantity).

The court undertook a careful analysis of each offender's role within the syndicates, distinguishing between those in distribution and those at street level. This role analysis directly informed the parity comparison. The court compared each offender's position against Marshall, who was sentenced separately, and Brooks, who had already been sentenced, ensuring that any differences in sentences were justifiable by reference to meaningful differences in culpability and role.

Each offender received a discount on sentence for their guilty plea. The court considered subjective factors including age, background, prior criminal history, prospects of rehabilitation, remorse, and hardship. Special circumstances were found for some offenders, resulting in non-parole periods that departed from the statutory default ratio. The court determined that full-time imprisonment was warranted for all four offenders, finding that no intensive correction order was appropriate given the seriousness of the offending.

Orders Made

  • Hanrahan: convicted of supplying methylamphetamine in an amount not less than a large commercial quantity; sentenced to imprisonment with a non-parole period (specific term not located in the provided text excerpt).
  • Cummins: convicted of supply of methylamphetamine in an amount not less than a large commercial quantity (and related offences); sentenced to a term of imprisonment of 5 years and 3 months, commencing 2 August 2021 and expiring 1 November 2026, with a non-parole period of 3 years and 3 months expiring 1 November 2024.
  • Scott: convicted of supply of methylamphetamine in an amount not less than a commercial quantity; sentenced to a term of imprisonment of 5 years and 3 months, commencing 2 August 2021 and expiring 1 November 2026, with a non-parole period of 3 years and 3 months expiring 1 November 2024.
  • Neale: convicted of supply of methylamphetamine in an amount not less than a commercial quantity; sentenced to a term of imprisonment of 4 years and 3 months commencing 12 October 2022 and expiring 11 January 2027, with a non-parole period of 2 years and 4 months expiring 11 February 2025.

Key Takeaways

  • Parity in co-offender sentencing requires more than a numerical comparison of sentences; the District Court engaged in close analysis of each offender's specific role within the syndicate, the quantities involved, and the nature of their participation before assessing whether sentence differentials were justified.
  • Where co-offenders are sentenced at different times or in separate proceedings (as occurred with Marshall and Brooks), the sentencing court must still apply the parity principle by reference to those earlier or separate sentences, ensuring consistency in the treatment of comparable conduct.
  • A large commercial quantity of methylamphetamine attracts a maximum penalty of life imprisonment and a standard non-parole period of 15 years under the Drug Misuse and Trafficking Act 1985, while a commercial quantity carries a maximum of 20 years and a standard non-parole period of 10 years. These distinctions directly shaped the sentencing framework applied to each offender.
  • Form 1 offences, including possession of proceeds of crime and weapons offences, were taken into account in aggravation of the principal drug supply offence, increasing the overall weight of the criminality to be addressed by the principal sentence.
  • Publication of sentencing remarks involving co-offenders who have pleaded guilty may be restricted where other accused connected to the same facts are yet to stand trial; the District Court flagged that responsibility for managing that restriction appropriately rests with the prosecution and those representing the remaining accused.

Legislation and Cases Referenced

Legislation:
- Drug Misuse and Trafficking Act 1985 (NSW), ss 10, 25
- Crimes Act 1900 (NSW), ss 193B, 193C
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 21A, 66
- Firearms Act 1996 (NSW), s 36
- Weapons Prohibition Act 1998 (NSW), s 7

Cases:
- Brown v R [2013] NSWCCA 44
- Bugmy v The Queen (1990) 169 CLR 525
- DPP (Cth) v De La Rosa (2010) 79 NSWLR 1
- DS v R; DM v R [2022] NSWCCA 156
- Frigiani v R [2007] NSWCCA 81
- Muldrock v R (2011) 244 CLR 120
- Nasrallah v R [2021] NSWCCA 207
- Quinn v Commonwealth Director of Public Prosecutions (2021) 106 NSWLR 154
- R v Edwards (1996) 90 A Crim R 510
- R v Engert (1995) 84 A Crim R 67
- R v Gagalowicz [2005] NSWCCA 452
- R v Henry (1999) 46 NSWLR 346
- R v Kelly [2018] NSWCCA 44
- R v Marshall [2002] NSWCCA 197
- R v SY [2003] NSWCCA 291
- Tamer v R [2020] NSWCCA 333
- Taylor v R [2015] NSWCCA 12