R v Roach, Anthony [2010] NSWDC 75

R v Roach, Anthony [2010] NSWDC 75

The offender's 13-month involvement in a cannabis supply syndicate, including storage of cannabis for the principal supplier, weekly sales, money deliveries and later receipt of pound quantities, involved indictable-level participation and warranted imprisonment. However, his limited role compared with some co-offenders, guilty plea, assistance and promised assistance, time in protection custody, first time in custody and rehabilitation prospects justified discounts and special circumstances, resulting in an aggregate sentence of 18 months with a 12-month minimum term and parole conditions.

Jurisdiction
Australia
Judgment Date
09 March 2010
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Plea
Outcome
Convicted and sentenced to imprisonment with release to parole ordered.
Legal Topics
['knowingly Taking Part in Supply of Cannabis' 'objective Criminality' 'subjective Circumstances' 'assistance to Authorities' 'deterrence' 'parity' 'special Circumstances' 'parole Conditions']
['criminal Law' 'sentencing' 'drug Offences'] ['knowingly Taking Part in Supply of Cannabis' 'objective Criminality' 'subjective Circumstances' 'assistance to Authorities' 'deterrence' 'parity' 'special Circumstances' 'parole Conditions']

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Plea

Legal Issues

  1. 1 ["What was the objective seriousness of the offender's role in knowingly taking part in the supply of cannabis in the Dubbo region between 31 October 2007 and 5 December 2008." "What weight should be given to the offender's subjective circumstances, guilty plea, assistance to authorities and promised evidence against Sue Peachey." 'Whether imprisonment was required and whether special circumstances should be found.' 'What sentence, discounts and parole conditions should be imposed.']

Ratio Decidendi

The offender's 13-month involvement in a cannabis supply syndicate, including storage of cannabis for the principal supplier, weekly sales, money deliveries and later receipt of pound quantities, involved indictable-level participation and warranted imprisonment. However, his limited role compared with some co-offenders, guilty plea, assistance and promised assistance, time in protection custody, first time in custody and rehabilitation prospects justified discounts and special circumstances, resulting in an aggregate sentence of 18 months with a 12-month minimum term and parole conditions.

Court Disposition

Convicted and sentenced to imprisonment with release to parole ordered.

Orders

  • ['The offender is convicted of knowingly taking part in the supply of a prohibited drug, namely cannabis leaf, between 31 October 2007 and 5 December 2008 at Dubbo in the State of New South Wales, being an amount not less than the indictable quantity of that drug.' 'Minimum term of 12 months imprisonment to commence...