R v Golding [2023] NSWDC 493

R v Golding [2023] NSWDC 493

Offences of supply of a large commercial quantity of methylamphetamine and participation in a criminal group are objectively very serious, requiring a significant sentence. However, the offender's substantial progress toward rehabilitation, insight, lack of profit motive, guilty plea, and special circumstances, including mental health and family support, justify service of an aggregate sentence of 2 years and 11 months by way of an Intensive Correction Order in the community, rather than full-time custody.

Jurisdiction
Australia
Judgment Date
08 September 2023
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of 2 years and 11 months' imprisonment to be served by way of an Intensive Correction Order in the community, subject to specified conditions.
Legal Topics
['drug Offences' 'supply Prohibited Drug' 'participation in Criminal Group' 'sentencing' 'aggregate Imprisonment Sentence' 'intensive Correction Order' 'deterrence' 'plea of Guilty' 'objective Seriousness' 'quasi Custody' 'rehabilitation' 'special Circumstances']
['criminal Law'] ['drug Offences' 'supply Prohibited Drug' 'participation in Criminal Group' 'sentencing' 'aggregate Imprisonment Sentence' 'intensive Correction Order' 'deterrence' 'plea of Guilty' 'objective Seriousness' 'quasi Custody' 'rehabilitation' 'special Circumstances']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for supply of large commercial quantity of methylamphetamine' 'Appropriate sentence for participation in a criminal group' 'Whether sentence to be served by way of Intensive Correction Order instead of full-time custody' 'Assessment of objective and subjective factors in sentencing' 'Weight to be given to guilty plea, rehabilitation, and special circumstances']

Ratio Decidendi

Offences of supply of a large commercial quantity of methylamphetamine and participation in a criminal group are objectively very serious, requiring a significant sentence. However, the offender's substantial progress toward rehabilitation, insight, lack of profit motive, guilty plea, and special circumstances, including mental health and family support, justify service of an aggregate sentence of 2 years and 11 months by way of an Intensive Correction Order in the community, rather than full-time custody.

Court Disposition

Aggregate sentence of 2 years and 11 months' imprisonment to be served by way of an Intensive Correction Order in the community, subject to specified conditions.

Orders

  • ['Aggregate sentence of imprisonment for 2 years and 11 months commencing 8 September 2023 and expiring 7 August 2026 to be served by Intensive Correction Order.' 'In relation to supply of commercial quantity prohibited drug: indicated sentence of 2 years and 10 months; non-parole period of 1 year and 5 months.' "In...