R v Mehmed [2016] NSWDC 329

R v Mehmed [2016] NSWDC 329

Although the offender committed a significant drug supply offence requiring punishment and general deterrence, the court was not satisfied that he trafficked to a substantial degree and his demonstrated rehabilitation after the s 11 adjournment meant fulltime custody should not be imposed. A sentence of imprisonment of two years or less was likely, so he was referred for assessment as to suitability to serve the sentence by means of an Intensive Corrections Order.

Jurisdiction
Australia
Judgment Date
20 May 2016
Procedural Posture
Criminal Sentence for Drug Supply / Sentencing After S 11 Adjournment; Offender Referred for Intensive Corrections Order Assessment and Matter Adjourned
Outcome
Offender referred for assessment as to suitability to serve his sentence by means of an Intensive Corrections Order; matter adjourned.
Legal Topics
['drug Supply' 'methylamphetamine' 'rehabilitation' 's 11 Remand' 'intensive Corrections Order' 'general Deterrence' 'young Offenders' 'guilty Plea']
['criminal Law' 'sentencing'] ['drug Supply' 'methylamphetamine' 'rehabilitation' 's 11 Remand' 'intensive Corrections Order' 'general Deterrence' 'young Offenders' 'guilty Plea']

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Procedural Posture

Criminal Sentence for Drug Supply / Sentencing After S 11 Adjournment; Offender Referred for Intensive Corrections Order Assessment and Matter Adjourned

Legal Issues

  1. 1 ["Whether the offender's rehabilitation after the s 11 adjournment justified avoiding fulltime custody" 'Whether the seriousness of the drug supply offence required a custodial sentence despite rehabilitation' 'Whether the offender should be assessed for suitability to serve a sentence by means of an Intensive Corrections Order']

Ratio Decidendi

Although the offender committed a significant drug supply offence requiring punishment and general deterrence, the court was not satisfied that he trafficked to a substantial degree and his demonstrated rehabilitation after the s 11 adjournment meant fulltime custody should not be imposed. A sentence of imprisonment of two years or less was likely, so he was referred for assessment as to suitability to serve the sentence by means of an Intensive Corrections Order.

Court Disposition

Offender referred for assessment as to suitability to serve his sentence by means of an Intensive Corrections Order; matter adjourned.

Orders

  • ['The offender is referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order.' 'Adjourned to Friday 8 July 2016 at 2pm.']