R v X (a pseudonym) [2023] NSWDC 344

R v X (a pseudonym) [2023] NSWDC 344

The offences were serious and aggravated because they were committed while the offender was serving an ICO for similar drug offending, but the appropriate sentence was reduced substantially because of the offender's early guilty pleas, disadvantaged upbringing, mental health and addiction, genuine remorse, good rehabilitation prospects, positive conduct in custody, and exceptionally onerous custody. Applying totality and proportionality to overlapping custody, one year of custody since 20 May 2022 was allowed as referable to these offences, producing an 18 month aggregate sentence backdated to 1 September 2022 with a 13 month non-parole period.

Jurisdiction
Australia
Judgment Date
01 September 2023
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
Offender convicted and sentenced to imprisonment; suppression and non-publication orders made; Sequence 2 withdrawn.
Legal Topics
['drug Supply' 'proceeds of Crime' 'suppression and Non Publication Orders' 'form 1 Offence' 'pre Sentence Custody' 'onerous Custody' 'rehabilitation' 'mental Health' 'totality and Proportionality']
['criminal Law' 'sentencing'] ['drug Supply' 'proceeds of Crime' 'suppression and Non Publication Orders' 'form 1 Offence' 'pre Sentence Custody' 'onerous Custody' 'rehabilitation' 'mental Health' 'totality and Proportionality']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for dealing with property reasonably suspected of being the proceeds of crime and supplying a prohibited drug.' 'How to assess the objective seriousness of the drug supply and proceeds offences.' "What weight should be given to the offender's disadvantaged upbringing, mental health, drug addiction, remorse and prospects of rehabilitation." "How to take into account the offender's onerous time in custody, including lockdowns, health issues, violence and sexual assaults." 'How much pre-sentence custody should be allowed where custody overlapped with imprisonment following revocation of an earlier ICO.' 'Whether full-time imprisonment was required notwithstanding consideration of non-custodial alternatives.']

Ratio Decidendi

The offences were serious and aggravated because they were committed while the offender was serving an ICO for similar drug offending, but the appropriate sentence was reduced substantially because of the offender's early guilty pleas, disadvantaged upbringing, mental health and addiction, genuine remorse, good rehabilitation prospects, positive conduct in custody, and exceptionally onerous custody. Applying totality and proportionality to overlapping custody, one year of custody since 20 May 2022 was allowed as referable to these offences, producing an 18 month aggregate sentence backdated to 1 September 2022 with a 13 month non-parole period.

Court Disposition

Offender convicted and sentenced to imprisonment; suppression and non-publication orders made; Sequence 2 withdrawn.

Orders

  • ['Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 on the grounds set out in ss 8(1)a and 8(1)c of the Act, the name of the Offender is suppressed and in its place a pseudonym of X is to be used.' 'The publication of any matter contained within paragraphs [27], [38], part of [55], [67]...