R v Johnston [2019] NSWDC 901

R v Johnston [2019] NSWDC 901

Given the seriousness of the drug supply offending—including supply and ongoing supply of cocaine on behalf of organised criminals, a discount for early guilty plea, the offender's youth, lack of prior convictions, compelling subjective circumstances including responsibility as a carer, demonstrated remorse and rehabilitation efforts, and parity with co-offenders, the appropriate sentence is an aggregate term of imprisonment of 2 years and 3 months to be served by way of an intensive correction order with conditions including community service and mental health treatment.

Parties
Prosecution: Regina (Crown); Offender: Jake Johnston
Jurisdiction
Australia
Judgment Date
01 October 2019
Procedural Posture
Criminal / Sentence
Outcome
Aggregate term of imprisonment of 2 years 3 months to be served by way of intensive correction order (ICO)
Legal Topics
Drug Offences, Ongoing Supply, Supply Prohibited Drug, Knowingly Take Part in Supply, Sentencing, Intensive Correction Orders, Aggregate Sentences, Co Offenders, Form 1 Offences
Criminal Law Drug Offences Ongoing Supply Supply Prohibited Drug Knowingly Take Part in Supply Sentencing Intensive Correction Orders Aggregate Sentences +2 more

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Parties

Regina (Crown)

Prosecution

Jake Johnston

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for supply and ongoing supply of prohibited drugs
  2. 2 Consideration of co-offenders' sentences and parity
  3. 3 Effect of guilty plea on sentence

Ratio Decidendi

Given the seriousness of the drug supply offending—including supply and ongoing supply of cocaine on behalf of organised criminals, a discount for early guilty plea, the offender's youth, lack of prior convictions, compelling subjective circumstances including responsibility as a carer, demonstrated remorse and rehabilitation efforts, and parity with co-offenders, the appropriate sentence is an aggregate term of imprisonment of 2 years and 3 months to be served by way of an intensive correction order with conditions including community service and mental health treatment.

Court Disposition

Aggregate term of imprisonment of 2 years 3 months to be served by way of intensive correction order (ICO)

Orders

  • The offender is sentenced to an aggregate term of imprisonment for 2 years and 3 months to be served by way of an intensive corrections order.
  • The offender must not commit any offence.