R v Kernaghan [2018] NSWDC 205

R v Kernaghan [2018] NSWDC 205

Although the drug supply offending was seriously criminal and required a custodial sentence, the offender's abstinence from drugs while on remand, absence of further offending, lack of prior drug-dealing history, late but accepted guilty plea, and exceptional hardship to his daughter justified focusing on rehabilitation. Because the likely custodial sentence was two years or less, the Court referred the offender for assessment for suitability to serve the sentence by way of an Intensive Corrections Order and adjourned the matter.

Jurisdiction
Australia
Judgment Date
06 July 2018
Procedural Posture
Criminal Sentence / After Guilty Plea; Referred for Assessment as to Suitability to Serve Sentence by Means of an Intensive Corrections Order
Outcome
The offender was referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order; the matter was adjourned to 7 September 2018.
Legal Topics
['ongoing Drug Supply' 'drug Supply' 'form 1 Matters' 'tampering With Evidence' 'possession of Ammunition' 'intensive Corrections Order' 'general Deterrence' 'rehabilitation' 'exceptional Hardship']
['criminal Law' 'sentencing'] ['ongoing Drug Supply' 'drug Supply' 'form 1 Matters' 'tampering With Evidence' 'possession of Ammunition' 'intensive Corrections Order' 'general Deterrence' 'rehabilitation' 'exceptional Hardship']

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Procedural Posture

Criminal Sentence / After Guilty Plea; Referred for Assessment as to Suitability to Serve Sentence by Means of an Intensive Corrections Order

Legal Issues

  1. 1 ["Whether general deterrence or the offender's rehabilitation should be the focus of sentence." 'Whether the offender should be assessed for suitability to serve a custodial sentence by way of an Intensive Corrections Order.' "Whether exceptional hardship to the offender's daughter could be taken into account." "What weight should be given to the offender's late guilty plea and claimed abstinence from drugs."]

Ratio Decidendi

Although the drug supply offending was seriously criminal and required a custodial sentence, the offender's abstinence from drugs while on remand, absence of further offending, lack of prior drug-dealing history, late but accepted guilty plea, and exceptional hardship to his daughter justified focusing on rehabilitation. Because the likely custodial sentence was two years or less, the Court referred the offender for assessment for suitability to serve the sentence by way of an Intensive Corrections Order and adjourned the matter.

Court Disposition

The offender was referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order; the matter was adjourned to 7 September 2018.

Orders

  • ['The offender is referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order.' 'Matter adjourned to Friday 7 September 2018 for consideration of the results of the assessment.']