R v Murray [2019] NSWDC 687

R v Murray [2019] NSWDC 687

Given the offender's prior good character, compelling personal circumstances, responsibilities, and the negative effects a conviction would have on her ability to work and care for her children, it is expedient to not record a conviction and instead make a conditional release order under s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999.

Jurisdiction
Australia
Judgment Date
22 March 2019
Procedural Posture
Criminal / Sentencing
Outcome
Conditional release order for 16 months, conviction not recorded
Legal Topics
['drug Offences' 'sentencing' 'conditional Release Order' 'conviction Not Recorded']
['criminal Law'] ['drug Offences' 'sentencing' 'conditional Release Order' 'conviction Not Recorded']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether a conviction should be recorded for supply of prohibited drug' 'Appropriate sentence for deemed supply of methylamphetamine']

Ratio Decidendi

Given the offender's prior good character, compelling personal circumstances, responsibilities, and the negative effects a conviction would have on her ability to work and care for her children, it is expedient to not record a conviction and instead make a conditional release order under s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999.

Court Disposition

Conditional release order for 16 months, conviction not recorded

Orders

  • ['The offender be released on a conditional release order for 16 months with conditions: not to commit any offence, to appear before the Court if called upon, to participate in any rehabilitation or treatment program directed by Community Corrections, and to abstain from drugs.' 'The offender to report to the...