R v Spiers [2013] NSWDC 263

R v Spiers [2013] NSWDC 263

Although the offender's cannabis supply amounted to substantial trafficking and required a custodial sentence, the combination of demonstrated rehabilitation, absence of prior convictions, one-man operation, relatively small scale compared with the commercial quantity, the drug being cannabis, immediate admissions attracting a partial Ellis discount, remorse and reform constituted exceptional circumstances justifying consideration of a custodial sentence served by way of an Intensive Corrections Order rather than immediate full-time imprisonment. A suspended sentence would not sufficiently meet punishment and deterrence.

Jurisdiction
Australia
Judgment Date
13 December 2013
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea; Referral for Assessment for Intensive Corrections Order
Outcome
The offender was referred for assessment as to his suitability to serve a custodial sentence by way of an Intensive Corrections Order; bail was continued.
Legal Topics
['drug Supply' 'cannabis Cultivation' 'enhanced Indoor Means' 'form 1' 'guilty Plea' 'intensive Corrections Order' 'rehabilitation']
['criminal Law' 'sentencing'] ['drug Supply' 'cannabis Cultivation' 'enhanced Indoor Means' 'form 1' 'guilty Plea' 'intensive Corrections Order' 'rehabilitation']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea; Referral for Assessment for Intensive Corrections Order

Legal Issues

  1. 1 ['Whether the offender should receive full-time custody or a sentence served by way of an Intensive Corrections Order for cannabis cultivation and supply offences.' 'Whether exceptional circumstances justified a sentence other than full-time imprisonment despite substantial drug trafficking.' "What discount should apply for the offender's early guilty plea and immediate admissions."]

Ratio Decidendi

Although the offender's cannabis supply amounted to substantial trafficking and required a custodial sentence, the combination of demonstrated rehabilitation, absence of prior convictions, one-man operation, relatively small scale compared with the commercial quantity, the drug being cannabis, immediate admissions attracting a partial Ellis discount, remorse and reform constituted exceptional circumstances justifying consideration of a custodial sentence served by way of an Intensive Corrections Order rather than immediate full-time imprisonment. A suspended sentence would not sufficiently meet punishment and deterrence.

Court Disposition

The offender was referred for assessment as to his suitability to serve a custodial sentence by way of an Intensive Corrections Order; bail was continued.

Orders

  • ['Trevor John Spiers is referred for assessment as to his suitability to serve the custodial sentence to be imposed by means of an Intensive Corrections Order.' 'Bail is continued until the further appearance.' 'The requirement that Trevor John Spiers continue to undergo fortnightly testing is deleted.' "The...