Graeme McGilvray [2017] NSWDC 345

Graeme McGilvray [2017] NSWDC 345

Although the drug supply offending was objectively serious, involved participation in organised criminal activity and ordinarily called for harsh punishment, the offender's limited role as a body guard, modest reward, guilty plea, more than four months pre-sentence custody, substantial delay, demonstrated rehabilitation, family and community stability, low to medium risk of reoffending and suitability for an intensive correction order meant that a sentence of 1 year and 10 months imprisonment served by way of intensive correction in the community would meet the purposes of sentencing, including protection of the community.

Jurisdiction
Australia
Judgment Date
22 November 2017
Procedural Posture
Criminal Sentence for Knowingly Taking Part in the Supply of Methyl Amphetamine / Sentence After Guilty Plea
Outcome
Sentenced to a term of imprisonment of 1 year and 10 months to be served by way of intensive correction in the community.
Legal Topics
['drug Supply' 'methyl Amphetamine' 'rolled Up Offences' 'delay' 'guilty Plea' 'parity' 'intensive Correction Order' 'rehabilitation' 'protection of the Community']
['criminal Law' 'sentencing' 'drug Offences'] ['drug Supply' 'methyl Amphetamine' 'rolled Up Offences' 'delay' 'guilty Plea' 'parity' 'intensive Correction Order' 'rehabilitation' 'protection of the Community']

Case Brief

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Procedural Posture

Criminal Sentence for Knowingly Taking Part in the Supply of Methyl Amphetamine / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for knowingly taking part in the supply of 167.65 grams of methyl-amphetamine between 22 May 2013 and 19 June 2013.' 'Whether the three supplies could be treated as a rolled up offence.' "What weight should be given to the offender's guilty plea, delay, time in custody, rehabilitation and personal circumstances." 'Whether a sentence of imprisonment could appropriately be served by way of an intensive correction order.']

Ratio Decidendi

Although the drug supply offending was objectively serious, involved participation in organised criminal activity and ordinarily called for harsh punishment, the offender's limited role as a body guard, modest reward, guilty plea, more than four months pre-sentence custody, substantial delay, demonstrated rehabilitation, family and community stability, low to medium risk of reoffending and suitability for an intensive correction order meant that a sentence of 1 year and 10 months imprisonment served by way of intensive correction in the community would meet the purposes of sentencing, including protection of the community.

Court Disposition

Sentenced to a term of imprisonment of 1 year and 10 months to be served by way of intensive correction in the community.

Orders

  • ['Grahame McGilvray is sentenced to a term of imprisonment of 1 year and 10 months to be served by way of intensive correction in the community in accord with the Crimes (Administration of Sentence) Act 1999.' 'The intensive correction order is to commence today on 23 October 2017.' 'The offender is to report to the...