R v Dampf, R vTao [2016] NSWDC 323
Given the offenders' roles, their pleas of guilty, lack of knowledge of quantity notwithstanding, serious criminal histories, and need for both specific and general deterrence, sentences of less than two years imprisonment are imposed, with a referral for assessment for Intensive Corrections Order as a suitable means of serving the sentences rather than full-time custody.
- Jurisdiction
- Australia
- Judgment Date
- 25 August 2016
- Procedural Posture
- Criminal / Sentence
- Outcome
- Referred for assessment for Intensive Corrections Order
- Legal Topics
- ['attempt to Gain Possession of Prohibited Drug' 'sentence' 'intensive Corrections Order']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Sentence
Legal Issues
- 1 ['What is the appropriate sentence for the offenders who attempted to gain possession of a prohibited drug?' "Did the offenders' lack of knowledge of the quantity of drugs affect their culpability?" 'Should the offenders be sentenced to full-time custody, a suspended sentence, or an Intensive Corrections Order?']
Ratio Decidendi
Given the offenders' roles, their pleas of guilty, lack of knowledge of quantity notwithstanding, serious criminal histories, and need for both specific and general deterrence, sentences of less than two years imprisonment are imposed, with a referral for assessment for Intensive Corrections Order as a suitable means of serving the sentences rather than full-time custody.
Court Disposition
Referred for assessment for Intensive Corrections Order
Orders
- ['Each offender is referred for assessment as to his suitability to serve his sentence by way of an Intensive Corrections Order']
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