R v Fairbairn [2021] NSWDC 368

R v Fairbairn [2021] NSWDC 368

Although ongoing supply of methylamphetamine required a custodial sentence because of the seriousness of organised drug supply and the need for deterrence, the offending was low level, involved small quantities and limited sophistication, the offender pleaded guilty early, had served substantial time in custody under COVID restrictions, showed insight and promising rehabilitation, and could perform community service; therefore a sentence of less than two years was appropriate and should be served in the community by way of an Intensive Correction Order.

Jurisdiction
Australia
Judgment Date
30 July 2021
Procedural Posture
Criminal Sentence / Sentence Following Guilty Plea to Ongoing Supply of Methylamphetamine
Outcome
The offender was convicted and sentenced to 1 year 5 months imprisonment to be served by way of an Intensive Correction Order in the community.
Legal Topics
['ongoing Supply of Methylamphetamine' 'intensive Correction Order' 'early Guilty Plea' 'time Spent in Custody on Remand' 'drug Supply' 'rehabilitation' 'community Safety']
['criminal Law' 'sentencing'] ['ongoing Supply of Methylamphetamine' 'intensive Correction Order' 'early Guilty Plea' 'time Spent in Custody on Remand' 'drug Supply' 'rehabilitation' 'community Safety']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Plea to Ongoing Supply of Methylamphetamine

Legal Issues

  1. 1 ['What sentence should be imposed for ongoing supply of methylamphetamine involving small quantities supplied on multiple occasions.' 'Whether a full time custodial sentence was required after the offender had already spent time in custody on remand.' 'Whether the custodial sentence should be served by way of an Intensive Correction Order in the community.']

Ratio Decidendi

Although ongoing supply of methylamphetamine required a custodial sentence because of the seriousness of organised drug supply and the need for deterrence, the offending was low level, involved small quantities and limited sophistication, the offender pleaded guilty early, had served substantial time in custody under COVID restrictions, showed insight and promising rehabilitation, and could perform community service; therefore a sentence of less than two years was appropriate and should be served in the community by way of an Intensive Correction Order.

Court Disposition

The offender was convicted and sentenced to 1 year 5 months imprisonment to be served by way of an Intensive Correction Order in the community.

Orders

  • ['Mr Fairbairn, in accordance with your guilty plea, adhered to today, you are convicted.' 'Your sentence will commence today. There will be sentence of 1 year 5 months. That sentence is to be served subject to intensive correction in the community.' 'The standard conditions of the order apply: you must not commit...