R v MM [2019] NSWDC 539

R v MM [2019] NSWDC 539

Although the drug quantities and financial gain required imprisonment to be considered, the offender's objective role was towards the lower end because she was subordinate to her husband, had no autonomy, was not involved in negotiations or arrangements for supply, and had no significant role in the criminal hierarchy. Together with her early guilty pleas, lack of Australian criminal record, remorse, low risk of reoffending, and the exceptional hardship immediate imprisonment would cause to her child, these factors justified release on recognisance for the Commonwealth offence and an intensive corrections order for the State offence rather than full-time custody.

Jurisdiction
Australia
Judgment Date
16 July 2019
Procedural Posture
Criminal Sentencing / Sentence Following Early Guilty Pleas to One State Offence and One Commonwealth Offence
Outcome
The offender was convicted on both counts. For Count 1 she received 18 months imprisonment but was released forthwith on recognisance. For Count 2 she received 1 year imprisonment to be served by way of an intensive corrections order. The suppression order was confirmed.
Legal Topics
['attempt to Possess Marketable Quantity of Border Controlled Drug' 'supply Prohibited Drug' 'aggravating Factor of Financial Gain' 'mitigating Factors Including Good Character, Guilty Plea, Remorse and Hardship' 'intensive Corrections Order' 'recognisance' 'objective Seriousness' 'special Circumstances']
['criminal Law' 'sentencing' 'drug Offences'] ['attempt to Possess Marketable Quantity of Border Controlled Drug' 'supply Prohibited Drug' 'aggravating Factor of Financial Gain' 'mitigating Factors Including Good Character, Guilty Plea, Remorse and Hardship' 'intensive Corrections Order' 'recognisance' 'objective Seriousness' 'special Circumstances']

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Procedural Posture

Criminal Sentencing / Sentence Following Early Guilty Pleas to One State Offence and One Commonwealth Offence

Legal Issues

  1. 1 ['What sentences should be imposed for attempting to possess 390 grams of pure cocaine being a marketable quantity of a border controlled drug and supplying 248 grams of cocaine.' 'Whether the offender should receive a sentence involving full-time custody or a non-custodial disposition.' "How the offender's subordinate role, early guilty plea, remorse, lack of criminal record, hardship to her child and risk of reoffending affected sentence." 'Whether the State sentence should be served by way of an intensive corrections order.']

Ratio Decidendi

Although the drug quantities and financial gain required imprisonment to be considered, the offender's objective role was towards the lower end because she was subordinate to her husband, had no autonomy, was not involved in negotiations or arrangements for supply, and had no significant role in the criminal hierarchy. Together with her early guilty pleas, lack of Australian criminal record, remorse, low risk of reoffending, and the exceptional hardship immediate imprisonment would cause to her child, these factors justified release on recognisance for the Commonwealth offence and an intensive corrections order for the State offence rather than full-time custody.

Court Disposition

The offender was convicted on both counts. For Count 1 she received 18 months imprisonment but was released forthwith on recognisance. For Count 2 she received 1 year imprisonment to be served by way of an intensive corrections order. The suppression order was confirmed.

Orders

  • ['Count 1: The offender is convicted of attempting to possess a marketable quantity of border controlled drug under s 307.6(1) and s 11.1(1) CC (Cth).' 'Count 1: A sentence of imprisonment of 18 months was imposed, commencing on 16 July 2019 and expiring on 15 January 2020.' 'Count 1: Pursuant to s 20(1)(b) Crimes...