R v Collins- Hanlon [2017] NSWDC 35

R v Collins- Hanlon [2017] NSWDC 35

The offender was to be sentenced on the basis that he intended to supply MDMA tablets to friends and not for profit, but the quantity and number of intended recipients meant he was trafficking to a substantial degree. Although no single factor was exceptional, his youth, absence of prior convictions, support, remorse, counselling, early plea, non-commercial supply and excellent rehabilitation prospects combined to amount to exceptional circumstances so that full-time custody was not required; however, the seriousness of the offending required a custodial sentence and not a s 9 bond, warranting assessment for an Intensive Corrections Order.

Jurisdiction
Australia
Judgment Date
10 February 2017
Procedural Posture
Criminal Sentence for Drug Supply / Sentencing After Guilty Plea; Adjourned for Intensive Corrections Order Suitability Assessment
Outcome
The offender was referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order.
Legal Topics
['drug Supply' 'mdma Tablets' 'intensive Corrections Order' 'exceptional Circumstances' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['drug Supply' 'mdma Tablets' 'intensive Corrections Order' 'exceptional Circumstances' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentence for Drug Supply / Sentencing After Guilty Plea; Adjourned for Intensive Corrections Order Suitability Assessment

Legal Issues

  1. 1 ['Whether the offender should be sentenced on the basis that he intended to supply the drugs to friends rather than for profit.' 'Whether the offender was trafficking to a substantial degree.' 'Whether exceptional circumstances justified a sentence other than full-time custody.' 'Whether a s 9 bond was an appropriate sentencing outcome.' 'Whether the offender should be assessed for suitability to serve a custodial sentence by means of an Intensive Corrections Order.']

Ratio Decidendi

The offender was to be sentenced on the basis that he intended to supply MDMA tablets to friends and not for profit, but the quantity and number of intended recipients meant he was trafficking to a substantial degree. Although no single factor was exceptional, his youth, absence of prior convictions, support, remorse, counselling, early plea, non-commercial supply and excellent rehabilitation prospects combined to amount to exceptional circumstances so that full-time custody was not required; however, the seriousness of the offending required a custodial sentence and not a s 9 bond, warranting assessment for an Intensive Corrections Order.

Court Disposition

The offender was referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order.

Orders

  • ['The matter was adjourned to 20 April 2017 in Sydney.' 'Bail continued.']