R v Widjaja [2018] NSWDC 544

R v Widjaja [2018] NSWDC 544

Where an offender pleads guilty to two counts of deemed supply of prohibited drugs on a single occasion, with no evidence of actual supply and with all drugs found in circumstances indicating communal use, the offences warrant concurrent sentences of imprisonment, with a discount for the guilty plea, to be served by way of intensive correction in the community due to the offender’s otherwise good character and rehabilitation prospects.

Jurisdiction
Australia
Judgment Date
11 May 2018
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to concurrent terms of one year and nine months imprisonment for each count, to be served by way of intensive correction in the community (ICO).
Legal Topics
['deemed Supply of Prohibited Drugs' 'sentencing' 'intensive Correction Order']
['criminal Law'] ['deemed Supply of Prohibited Drugs' 'sentencing' 'intensive Correction Order']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for possession and deemed supply of prohibited drugs where no evidence of actual supply' 'Whether a custodial sentence should be full-time or served by way of intensive correction in the community']

Ratio Decidendi

Where an offender pleads guilty to two counts of deemed supply of prohibited drugs on a single occasion, with no evidence of actual supply and with all drugs found in circumstances indicating communal use, the offences warrant concurrent sentences of imprisonment, with a discount for the guilty plea, to be served by way of intensive correction in the community due to the offender’s otherwise good character and rehabilitation prospects.

Court Disposition

Convicted and sentenced to concurrent terms of one year and nine months imprisonment for each count, to be served by way of intensive correction in the community (ICO).

Orders

  • ['Offender is convicted on both counts in the indictment.' 'In respect of each count, sentenced to one year and nine months imprisonment, served concurrently by way of intensive correction in the community.' 'Offender to report to the Community Corrections Office in Sydney City on Monday, 14 May 2018.' 'The drugs...