R v BUSU [2023] NSWDC 573

R v BUSU [2023] NSWDC 573

Although no penalty other than imprisonment was appropriate, the offences were connected within one drug-supply enterprise over about 6 months and totality required an aggregate sentence with some accumulation. Having regard to objective seriousness, the offender's guilty pleas, limited moderation of moral culpability from disadvantage and mental health issues, favourable but qualified rehabilitation prospects, the period of pre-sentence custody and the need for general deterrence, the appropriate aggregate sentence was 3 years imprisonment. Community safety and rehabilitation would be better served by an intensive correction order than full-time imprisonment given the assessed risk of...

Jurisdiction
Australia
Judgment Date
15 December 2023
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas
Outcome
The offender was convicted on all five offences and sentenced to an aggregate term of 3 years imprisonment to be served by way of an intensive correction order with 500 hours of community service work.
Legal Topics
['drug Supply' 'proceeds of Crime' 'intensive Correction Orders' 'form 1 Offences']
['criminal Law' 'sentencing'] ['drug Supply' 'proceeds of Crime' 'intensive Correction Orders' 'form 1 Offences']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for ongoing supply of a prohibited drug, taking part in supply of a prohibited drug, supply of a prohibited drug and dealing with proceeds of crime.' 'Whether the further 10 offences on a Form 1 should be taken into account on the ongoing supply offence.' 'Whether the aggregate sentence of imprisonment should be served by way of an intensive correction order rather than full-time custody.']

Ratio Decidendi

Although no penalty other than imprisonment was appropriate, the offences were connected within one drug-supply enterprise over about 6 months and totality required an aggregate sentence with some accumulation. Having regard to objective seriousness, the offender's guilty pleas, limited moderation of moral culpability from disadvantage and mental health issues, favourable but qualified rehabilitation prospects, the period of pre-sentence custody and the need for general deterrence, the appropriate aggregate sentence was 3 years imprisonment. Community safety and rehabilitation would be better served by an intensive correction order than full-time imprisonment given the assessed risk of...

Court Disposition

The offender was convicted on all five offences and sentenced to an aggregate term of 3 years imprisonment to be served by way of an intensive correction order with 500 hours of community service work.

Orders

  • ['Seq. 3 indicative sentence: 2 years imprisonment for supply prohibited drug on ongoing basis, taking into account the further 10 offences listed on the Form 1.' 'Seq. 5 indicative sentence: 14 months imprisonment for knowingly take part in the supply of prohibited drug.' 'Seq. 131 indicative sentence: 9 months...