R v Nathan McIlwraith [2019] NSWDC 213

The objective seriousness for supply of methylamphetamine and heroin was just below mid-range; offender's aggravating factor was parole status; aggregate sentence appropriate per totality and proportionality; special circumstances found, non-parole period and backdating ordered. Only full-time custody warranted due to criminal history and risk of reoffending.

Jurisdiction: Australia
Judgment Date: 30 May 2019
Procedural Posture: Criminal / Sentencing
Outcome: Convicted and sentenced to full-time custody
Legal Topics: ['drug Offences' 'sentencing' 'aggravating Factors' 'plea of Guilty' 'aggregate Sentencing' 'principle of Totality']

['criminal Law'] ['drug Offences' 'sentencing' 'aggravating Factors' 'plea of Guilty' 'aggregate Sentencing' 'principle of Totality']

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

Procedural Posture

Criminal / Sentencing

Legal Issues

1 ['Assessment of objective seriousness for drug supply offences' 'Appropriateness of full-time custody versus non-custodial sentence' 'Application of totality in aggregate sentencing' 'Recognition of special circumstances for non-parole period']

Ratio Decidendi

Court Disposition

Convicted and sentenced to full-time custody

Orders

['Convicted of supply prohibited drug (23.4 grams methylamphetamine) under s 25(1) DMTA' 'Convicted of supply prohibited drug (69.48 grams heroin) under s 25(1) DMTA' 'Convicted of offence under s 115 Crimes Act 1900' 'Aggregate sentence under s 53A CSPA: head sentence 3 years 6 months' 'Non-parole period: 2 years 3...