R v Rafferty [2019] NSWDC 780

R v Rafferty [2019] NSWDC 780

The offender's commercial quantity cocaine supply and proceeds offence were objectively very serious, committed while on conditional liberty and in circumstances involving indicia of supply. Full-time custody was required to punish, denounce and deter drug offending. After allowing for the early guilty plea, remorse, rehabilitation prospects, special circumstances, and totality including the existing revoked ICO sentence, the appropriate sentence was an aggregate term of four years commencing 7 February 2019 with a non-parole period of two years and nine months.

Jurisdiction
Australia
Judgment Date
22 November 2019
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Plea
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of four years, with a non-parole period of two years and nine months.
Legal Topics
['aggravating Factors' 'breach of Conditional Liberty' 'financial Gain' 'planned or Organised Criminal Activity' 'plea of Guilty' 'rehabilitation' 'remorse' 'imprisonment' 'form 1 Offences' 'accumulation, Concurrency and Totality' 'special Circumstances' 'drug Addiction']
['criminal Law' 'sentencing' 'drug Offences'] ['aggravating Factors' 'breach of Conditional Liberty' 'financial Gain' 'planned or Organised Criminal Activity' 'plea of Guilty' 'rehabilitation' 'remorse' 'imprisonment' 'form 1 Offences' 'accumulation, Concurrency and Totality' 'special Circumstances' 'drug Addiction']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 467 grams of cocaine in excess of a commercial quantity and dealing with $8,800 reasonably suspected of being proceeds of crime, with Form 1 offences taken into account.' 'Whether full-time custody was required.' "How to account for the offender's breach of conditional liberty, prior drug offending, guilty plea, remorse, rehabilitation prospects, special circumstances, and totality in light of the existing revoked Intensive Corrections Order sentence."]

Ratio Decidendi

The offender's commercial quantity cocaine supply and proceeds offence were objectively very serious, committed while on conditional liberty and in circumstances involving indicia of supply. Full-time custody was required to punish, denounce and deter drug offending. After allowing for the early guilty plea, remorse, rehabilitation prospects, special circumstances, and totality including the existing revoked ICO sentence, the appropriate sentence was an aggregate term of four years commencing 7 February 2019 with a non-parole period of two years and nine months.

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of four years, with a non-parole period of two years and nine months.

Orders

  • ['He is convicted of each offence.' 'An aggregate sentence of four years imprisonment commencing 7 February 2019 is imposed.' 'A non-parole period of two years and nine months expiring on 6 November 2021 is imposed.' 'The indicative sentence for Sequence 001, taking into account the Form 1 matters, is three years...