R v Scanes [2022] NSWDC 102

R v Scanes [2022] NSWDC 102

Applying the totality principle and accounting for time served, a sentence of 2 years and 9 months was imposed to reflect the overall criminality of the NSW and Queensland offending, to be served as an Intensive Correction Order in the community, with terms including supervision and abstention from drugs and alcohol, as this was assessed as more likely to address the risk of reoffending and promote community safety than further custodial time.

Jurisdiction
Australia
Judgment Date
07 April 2022
Procedural Posture
Sentencing / Sentence After Guilty Plea
Outcome
Convicted. Sentence of imprisonment of 2 years and 9 months imposed to be served as Intensive Correction Order (ICO) with standard and additional terms.
Legal Topics
['drug Offences' 'supply Prohibited Drug' 'dealing With Proceeds of Crime' 'sentencing' 'intensive Correction Order (ico)']
['criminal Law'] ['drug Offences' 'supply Prohibited Drug' 'dealing With Proceeds of Crime' 'sentencing' 'intensive Correction Order (ico)']

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Procedural Posture

Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ['Appropriate sentence for multiple drug supply offences and related offences' 'Application of totality principle with offences in multiple jurisdictions' 'Eligibility for and appropriateness of Intensive Correction Order (ICO)' 'Assessment of objective and subjective seriousness of offences']

Ratio Decidendi

Applying the totality principle and accounting for time served, a sentence of 2 years and 9 months was imposed to reflect the overall criminality of the NSW and Queensland offending, to be served as an Intensive Correction Order in the community, with terms including supervision and abstention from drugs and alcohol, as this was assessed as more likely to address the risk of reoffending and promote community safety than further custodial time.

Court Disposition

Convicted. Sentence of imprisonment of 2 years and 9 months imposed to be served as Intensive Correction Order (ICO) with standard and additional terms.

Orders

  • ['Of the five charges on the indictment, the offender is convicted.' 'A term of imprisonment of 2 years and 9 months is imposed, taking into account the time in custody and the principle from Mill v The Queen.' 'This sentence is to be served in the community under an Intensive Correction Order (ICO) from 7 April...