R v Jones [2019] NSWDC 654

R v Jones [2019] NSWDC 654

While the line in s 5 Crimes (Sentencing Procedure) Act 1999 regarding the necessity of full-time imprisonment was approached, the unique subjective factors, including evidence of rehabilitation and commitment to change, justified imposing a 3 year Community Corrections Order rather than a custodial sentence for the supply of 6.03 grams of methylamphetamine.

Jurisdiction
Australia
Judgment Date
26 June 2019
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to a 3 year Community Corrections Order with conditions including abstinence from drugs, supervision, and participation in rehabilitation/treatment; drug destruction order made.
Legal Topics
['drug Offences' 'sentencing' 'supply Prohibited Drug' 'community Corrections Order']
['criminal Law'] ['drug Offences' 'sentencing' 'supply Prohibited Drug' 'community Corrections Order']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether the threshold for a custodial sentence under s 5 Crimes (Sentencing Procedure) Act 1999 is met.' 'Appropriate sentence for supply of 6.03 grams methylamphetamine under s 25(1) Drug Misuse and Trafficking Act 1985.']

Ratio Decidendi

While the line in s 5 Crimes (Sentencing Procedure) Act 1999 regarding the necessity of full-time imprisonment was approached, the unique subjective factors, including evidence of rehabilitation and commitment to change, justified imposing a 3 year Community Corrections Order rather than a custodial sentence for the supply of 6.03 grams of methylamphetamine.

Court Disposition

Convicted and sentenced to a 3 year Community Corrections Order with conditions including abstinence from drugs, supervision, and participation in rehabilitation/treatment; drug destruction order made.

Orders

  • ['Offender is convicted of the offence of supply prohibited drug.' 'Community Corrections Order for 3 years commencing 26 June 2019.' 'Conditions: must not commit any offence, must appear before court if called upon.' 'Must participate in rehabilitation/treatment as directed and ongoing psychological counselling; to...