R v Dann [2025] NSWDC 17

R v Dann [2025] NSWDC 17

The offender's involvement was at the lower end of the scale; she became involved due to a controlling and abusive partner; she has no prior convictions, is unlikely to reoffend, and has good prospects of rehabilitation. Exceptional circumstances justify serving the sentence by way of Intensive Corrections Order despite the offences carrying life imprisonment; a term of imprisonment of 2 years and 3 months is imposed and to be served by way of ICO.

Parties
Crown: Rex; Offender: Jemma Dann
Jurisdiction
Australia
Judgment Date
07 February 2025
Procedural Posture
Criminal / Sentencing
Outcome
The offender is convicted and sentenced to an aggregate term of imprisonment of 2 years and 3 months, to be served by way of an Intensive Corrections Order.
Legal Topics
Drug Offences, Supply Prohibited Drug, Commercial Quantity, Large Commercial Quantity, Sentencing
Criminal Law Drug Offences Supply Prohibited Drug Commercial Quantity Large Commercial Quantity Sentencing

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Parties

Rex

Crown

Jemma Dann

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for knowingly taking part in the supply of commercial and large commercial quantities of prohibited drugs
  2. 2 Consideration of mitigating and aggravating factors in sentencing
  3. 3 Whether Intensive Corrections Order is appropriate for offences involving life imprisonment

Ratio Decidendi

The offender's involvement was at the lower end of the scale; she became involved due to a controlling and abusive partner; she has no prior convictions, is unlikely to reoffend, and has good prospects of rehabilitation. Exceptional circumstances justify serving the sentence by way of Intensive Corrections Order despite the offences carrying life imprisonment; a term of imprisonment of 2 years and 3 months is imposed and to be served by way of ICO.

Court Disposition

The offender is convicted and sentenced to an aggregate term of imprisonment of 2 years and 3 months, to be served by way of an Intensive Corrections Order.

Orders

  • Jemma Dann is convicted.
  • Impose a term of imprisonment of 2 years and 3 months.