R v Wortley [2014] NSWDC 212

R v Wortley [2014] NSWDC 212

Because the offender twice possessed amphetamines intending to supply them, including a significant quantity at Broadmeadow and further supply offending after arrest and bail, and had a relevant prior conviction, a custodial sentence was required. However, the guilty pleas, significant assistance reflected in sealed Exhibit B, presentence custody, and the circumstances in which full time custody would be served justified referral for assessment of suitability to serve the custodial sentence by means of an Intensive Corrections Order.

Jurisdiction
Australia
Judgment Date
06 November 2014
Procedural Posture
Criminal Sentence for Drug Supply / Sentence; Referral for Intensive Corrections Order Suitability Assessment
Outcome
The offender was granted bail and referred for assessment as to suitability to serve a sentence of imprisonment by means of an Intensive Corrections Order.
Legal Topics
['drug Supply' 'amphetamines' 'prohibited Drugs' 'intensive Corrections Order' 'guilty Plea' 'assistance Discount' 'presentence Custody']
['criminal Law' 'sentencing'] ['drug Supply' 'amphetamines' 'prohibited Drugs' 'intensive Corrections Order' 'guilty Plea' 'assistance Discount' 'presentence Custody']

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Procedural Posture

Criminal Sentence for Drug Supply / Sentence; Referral for Intensive Corrections Order Suitability Assessment

Legal Issues

  1. 1 ["Whether the offender's supply of amphetamines required a custodial sentence." 'Whether exceptional circumstances or other matters justified the sentence being served by means of an Intensive Corrections Order.' 'What allowance should be made for guilty pleas and assistance.' 'Whether hardship to third parties should affect the sentence.']

Ratio Decidendi

Because the offender twice possessed amphetamines intending to supply them, including a significant quantity at Broadmeadow and further supply offending after arrest and bail, and had a relevant prior conviction, a custodial sentence was required. However, the guilty pleas, significant assistance reflected in sealed Exhibit B, presentence custody, and the circumstances in which full time custody would be served justified referral for assessment of suitability to serve the custodial sentence by means of an Intensive Corrections Order.

Court Disposition

The offender was granted bail and referred for assessment as to suitability to serve a sentence of imprisonment by means of an Intensive Corrections Order.

Orders

  • ["A report as to the offender's suitability to serve a sentence of imprisonment by means of an Intensive Corrections Order is to be prepared." 'The offender is granted bail.' 'It is a condition of bail that the offender be subject to urinalysis as often as Probation and Parole require it to determine whether he has...