R v Weaver [2004] NSWSC 727

R v Weaver [2004] NSWSC 727

Although the supply offence was very serious, the offender's criminality was at the lower end because his role was minor, he was not shown to be part of Walsh and Love's distribution organisation, there was no evidence of monetary gain, his involvement arose from his association with Walsh and a late request to accompany him, and the delay since May 2001 together with rehabilitation and family circumstances supported special circumstances. In those circumstances, periodic detention was sufficient punishment and general deterrence, with a cumulative fixed term for the separate cannabis-growing matter and forfeiture of equipment under s 35 of the Drug Misuse and Trafficking Act 1985.

Jurisdiction
Australia
Judgment Date
23 July 2004
Procedural Posture
Criminal Sentence / Remarks on Sentence After Jury Conviction and Sentence for Related S 166 Criminal Procedure Act Matter
Outcome
Offender sentenced to imprisonment to be served by way of periodic detention; forfeiture order made; parole supervision condition later deleted.
Legal Topics
['knowingly Taking Part in Supply of Prohibited Drug' 'methylamphetamine' 'commercial Quantity' 'growing Cannabis Plants' 'periodic Detention' 'special Circumstances' 'general Deterrence' 'forfeiture']
['criminal Law' 'sentencing'] ['knowingly Taking Part in Supply of Prohibited Drug' 'methylamphetamine' 'commercial Quantity' 'growing Cannabis Plants' 'periodic Detention' 'special Circumstances' 'general Deterrence' 'forfeiture']

Case Brief

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Jury Conviction and Sentence for Related S 166 Criminal Procedure Act Matter

Legal Issues

  1. 1 ['What sentence should be imposed for knowingly taking part in the supply of a commercial quantity of methylamphetamine.' 'Whether the offender should serve full-time custody or a sentence by way of periodic detention.' 'Whether special circumstances justified departure from the statutory non-parole regime.' 'What sentence and forfeiture orders should be made for the related charge of growing cannabis plants under s 166 of the Criminal Procedure Act 1986.']

Ratio Decidendi

Although the supply offence was very serious, the offender's criminality was at the lower end because his role was minor, he was not shown to be part of Walsh and Love's distribution organisation, there was no evidence of monetary gain, his involvement arose from his association with Walsh and a late request to accompany him, and the delay since May 2001 together with rehabilitation and family circumstances supported special circumstances. In those circumstances, periodic detention was sufficient punishment and general deterrence, with a cumulative fixed term for the separate cannabis-growing matter and forfeiture of equipment under s 35 of the Drug Misuse and Trafficking Act 1985.

Court Disposition

Offender sentenced to imprisonment to be served by way of periodic detention; forfeiture order made; parole supervision condition later deleted.

Orders

  • ['For the s 166 Criminal Procedure Act matter, the offender was sentenced to a fixed term of 6 months imprisonment to commence on 30 July 2004 and expire on 29 January 2005, to be served by way of periodic detention.' 'The offender was to report to the Tomago Periodic Detention Centre on 30 July 2004.' 'For the...