R v Davies [2007] NSWDC 97

R v Davies [2007] NSWDC 97

The offender's possession of 9.4 grams of heroin, together with the cash and other items found with it, showed deliberate possession for planned supply to users and involvement beyond that of a street dealer. Personal and general deterrence were important, the only identified aggravating factor was planned criminal activity under s 21A(2)(n), no mitigating factors or special circumstances were established, and a sentence of four years imprisonment with a three-year non-parole period was appropriate.

Jurisdiction
Australia
Judgment Date
09 February 2007
Procedural Posture
Criminal Sentencing for Deemed Supply of a Prohibited Drug (heroin) / Sentence After Jury Trial and Guilty Verdict
Outcome
Maria Anne Davies was convicted of deemed supply of a prohibited drug and sentenced to imprisonment for four years with a non-parole period of three years; the backup possession charge was dismissed; two related money possession charges were remitted to the Local Court; and the drug was ordered to be destroyed.
Legal Topics
['deemed Supply of Heroin' 'circumstantial Evidence' 'aggravating and Mitigating Factors' 'general Deterrence' 'personal Deterrence' 'non Parole Period']
['criminal Law' 'sentencing' 'drug Offences'] ['deemed Supply of Heroin' 'circumstantial Evidence' 'aggravating and Mitigating Factors' 'general Deterrence' 'personal Deterrence' 'non Parole Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing for Deemed Supply of a Prohibited Drug (heroin) / Sentence After Jury Trial and Guilty Verdict

Legal Issues

  1. 1 ['What sentence should be imposed for deemed supply of 9.4 grams of heroin contrary to s 25(1) of the Drug Misuse and Trafficking Act.' 'Whether factors beyond the quantity of heroin, including cash and other indicia of supply, were relevant to sentence.' 'Whether personal deterrence and general deterrence were important in sentencing the offender.' 'Whether any aggravating or mitigating factors under s 21A of the Crimes (Sentencing) Procedure Act were present.' 'Whether special circumstances justified altering the balance between the non-parole period and parole period.']

Ratio Decidendi

The offender's possession of 9.4 grams of heroin, together with the cash and other items found with it, showed deliberate possession for planned supply to users and involvement beyond that of a street dealer. Personal and general deterrence were important, the only identified aggravating factor was planned criminal activity under s 21A(2)(n), no mitigating factors or special circumstances were established, and a sentence of four years imprisonment with a three-year non-parole period was appropriate.

Court Disposition

Maria Anne Davies was convicted of deemed supply of a prohibited drug and sentenced to imprisonment for four years with a non-parole period of three years; the backup possession charge was dismissed; two related money possession charges were remitted to the Local Court; and the drug was ordered to be destroyed.

Orders

  • ['Maria Anne Davies is convicted of deemed supply of a prohibited drug.' 'The offender is sentenced to imprisonment for four years.' 'A non-parole period of three years is fixed to commence on 27 August 2006 and expire on 26 August 2009, on which date the offender is eligible to be released on parole.' 'A parole...