R v Stewart [2023] NSWDC 469

R v Stewart [2023] NSWDC 469

An aggregate sentence of four years imprisonment is appropriate given the objective and subjective seriousness, the offender's rehabilitation efforts, personal circumstances, and application of totality; the sentence will be served by way of an Intensive Correction Order (ICO) for three years, with additional conditions to support rehabilitation and protect community safety.

Parties
Prosecution: Rex (The Crown); Offender: Jason Stewart
Jurisdiction
Australia
Judgment Date
27 October 2023
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and sentenced to three years imprisonment, to be served by way of an intensive correction order with conditions.
Legal Topics
Drug Offences, Sentencing, Supply of Prohibited Drugs, Dealing With Proceeds of Crime
Criminal Law Drug Offences Sentencing Supply of Prohibited Drugs Dealing With Proceeds of Crime

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Parties

Rex (The Crown)

Prosecution

Jason Stewart

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple charges of drug supply and dealing with proceeds of crime
  2. 2 Objective and subjective seriousness of offending
  3. 3 Application of Intensive Correction Order (ICO)

Ratio Decidendi

An aggregate sentence of four years imprisonment is appropriate given the objective and subjective seriousness, the offender's rehabilitation efforts, personal circumstances, and application of totality; the sentence will be served by way of an Intensive Correction Order (ICO) for three years, with additional conditions to support rehabilitation and protect community safety.

Court Disposition

Offender convicted and sentenced to three years imprisonment, to be served by way of an intensive correction order with conditions.

Orders

  • Offender convicted of counts 1, 2, 3 and 4.
  • Indicative sentences after 25% discount: Count 1 – 22.5 months, Count 2 – 13.5 months, Count 3 – 27 months, Count 4 – 22.5 months.