R v Jessop [2023] NSWDC 367

R v Jessop [2023] NSWDC 367

Custodial punishment was warranted because the offender knowingly manufactured and supplied prohibited drugs and possessed prohibited weapons in circumstances requiring denunciation, general deterrence and community protection. Taking account of the pleas of guilty, totality, objective seriousness, Form 1 and s 166 matters, and the offender's trauma, treatment, demonstrated rehabilitation, abstinence from illicit drugs and reduced future risk, the appropriate disposition was an aggregate sentence of imprisonment to be served by Intensive Correction Order in the community.

Jurisdiction
Australia
Judgment Date
16 March 2023
Procedural Posture
Criminal Sentencing / Committal for Sentence After Pleas of Guilty
Outcome
Aggregate sentence of 2 years and 10 months imprisonment commencing 16 March 2023 and expiring 15 January 2026, to be served by way of an Intensive Correction Order; Community Corrections Order for Sequence 8 for 12 months; remaining matter withdrawn and dismissed.
Legal Topics
['drug Offences' 'manufacture Prohibited Drug' 'supply Prohibited Drug' 'cultivate Prohibited Plant' 'possess Prohibited Weapon' 'form 1 Offences' 'intensive Correction Orders' 'plea of Guilty' 'objective Seriousness' 'subjective Mitigation' 'trauma and Neglect']
['criminal Law' 'criminal Procedure' 'sentencing'] ['drug Offences' 'manufacture Prohibited Drug' 'supply Prohibited Drug' 'cultivate Prohibited Plant' 'possess Prohibited Weapon' 'form 1 Offences' 'intensive Correction Orders' 'plea of Guilty' 'objective Seriousness' 'subjective Mitigation' 'trauma and Neglect']

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Procedural Posture

Criminal Sentencing / Committal for Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for multiple drug, weapons, prescribed restricted substance and suspected proceeds offences.' 'How Form 1 matters and s 166 Criminal Procedure Act 1986 (NSW) certificate matters should be taken into account on sentence.' "Whether the offender's background of trauma, neglect, mental health issues, drug use and rehabilitation mitigated sentence." 'Whether custodial sentences were required and, if so, whether the aggregate sentence should be served by way of an Intensive Correction Order.']

Ratio Decidendi

Custodial punishment was warranted because the offender knowingly manufactured and supplied prohibited drugs and possessed prohibited weapons in circumstances requiring denunciation, general deterrence and community protection. Taking account of the pleas of guilty, totality, objective seriousness, Form 1 and s 166 matters, and the offender's trauma, treatment, demonstrated rehabilitation, abstinence from illicit drugs and reduced future risk, the appropriate disposition was an aggregate sentence of imprisonment to be served by Intensive Correction Order in the community.

Court Disposition

Aggregate sentence of 2 years and 10 months imprisonment commencing 16 March 2023 and expiring 15 January 2026, to be served by way of an Intensive Correction Order; Community Corrections Order for Sequence 8 for 12 months; remaining matter withdrawn and dismissed.

Orders

  • ['Convictions entered in each matter.' 'Sequence 8 on the s 166 certificate was not part of the aggregate sentence and was dealt with by a Community Corrections Order for 12 months from 16 March 2023.' 'For Sequence 7, manufacture of 4.8 grams of MDMA plus Form 1 matters, an indicative sentence of 2 years and 3...