R v Evrim [2021] NSWDC 363

R v Evrim [2021] NSWDC 363

Although imprisonment was appropriate for the drug supply offences and Form 1 matters, the offender's role was well below mid-range though not at the lowest end, and his guilty pleas, lack of criminal record, prior good character, remorse, abstinence, compliance with bail, low risk of reoffending and substantial rehabilitation justified an aggregate sentence of 15 months to be served by way of an intensive corrections order.

Jurisdiction
Australia
Judgment Date
08 July 2021
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of 15 months, to be served by way of an intensive corrections order. Sequences 22 to 32 were withdrawn and dismissed.
Legal Topics
['drug Supply' 'commercial Quantity of Prohibited Drug' 'indictable Quantity of Prohibited Drug' 'form 1 Offences' 'intensive Correction Order' 'plea of Guilty' 'rehabilitation' 'remorse' 'general Deterrence' 'drug Addiction']
['criminal Law' 'sentencing'] ['drug Supply' 'commercial Quantity of Prohibited Drug' 'indictable Quantity of Prohibited Drug' 'form 1 Offences' 'intensive Correction Order' 'plea of Guilty' 'rehabilitation' 'remorse' 'general Deterrence' 'drug Addiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for supplying a commercial quantity of GBL and an indictable quantity of methamphetamine, with six Form 1 drug supply offences taken into account.' "Whether the offender's sentence of imprisonment should be served by way of an intensive corrections order." "How the offender's guilty pleas, absence of criminal record, prior good character, remorse, rehabilitation and role in the offending affected sentence."]

Ratio Decidendi

Although imprisonment was appropriate for the drug supply offences and Form 1 matters, the offender's role was well below mid-range though not at the lowest end, and his guilty pleas, lack of criminal record, prior good character, remorse, abstinence, compliance with bail, low risk of reoffending and substantial rehabilitation justified an aggregate sentence of 15 months to be served by way of an intensive corrections order.

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of 15 months, to be served by way of an intensive corrections order. Sequences 22 to 32 were withdrawn and dismissed.

Orders

  • ['The offender is convicted of each offence.' 'Taking into account a discount of 25% for the pleas of guilty, the indicative sentence for Sequence 1, taking into account the Form 1 matters (Sequences 3, 4, 5, 7, 17, 21), is 13 months, with an indicative non-parole period of 8 months.' 'Taking into account a discount...