R v Benjamin Adam Miles [2016] NSWDC 105

R v Benjamin Adam Miles [2016] NSWDC 105

The offender's offences were serious drug supply offences involving multiple supplies of high-purity prohibited drugs, but his role was accepted as a user/dealer and conduit supplying to feed his addiction rather than for profit, with strong subjective factors including youth, no prior convictions, remorse, early guilty pleas and good rehabilitation prospects. After considering alternatives, the Court was satisfied that no penalty other than imprisonment was appropriate. Applying totality, a 25% discount for early pleas, the Form 1 matters, and special circumstances based on youth, first imprisonment and rehabilitation needs, an aggregate sentence of 8 years with a non-parole period of 4...

Jurisdiction
Australia
Judgment Date
10 June 2016
Procedural Posture
Criminal Sentence / Remarks on Sentence After Pleas of Guilty
Outcome
Offender convicted and sentenced to an aggregate full-time custodial sentence of 8 years with a non-parole period of 4 years and 6 months.
Legal Topics
['ongoing Supply of Prohibited Drug' 'supply Prohibited Drug' 'aggregate Sentence' 'standard Non Parole Period' 'special Circumstances' 'drug Proceeds Order']
['criminal Law' 'sentencing'] ['ongoing Supply of Prohibited Drug' 'supply Prohibited Drug' 'aggregate Sentence' 'standard Non Parole Period' 'special Circumstances' 'drug Proceeds Order']

Case Brief

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for five drug supply offences involving MDMA, cocaine and methylamphetamine.' 'Whether the objective seriousness of each offence was below or towards the mid-range for the relevant offence.' 'Whether a non-custodial sentence was available or whether no penalty other than imprisonment was appropriate.' 'Whether an aggregate sentence should be imposed for multiple offences.' 'Whether special circumstances justified varying the ratio between the non-parole period and the total term.' 'Whether a drug proceeds order and destruction order should be made.']

Ratio Decidendi

The offender's offences were serious drug supply offences involving multiple supplies of high-purity prohibited drugs, but his role was accepted as a user/dealer and conduit supplying to feed his addiction rather than for profit, with strong subjective factors including youth, no prior convictions, remorse, early guilty pleas and good rehabilitation prospects. After considering alternatives, the Court was satisfied that no penalty other than imprisonment was appropriate. Applying totality, a 25% discount for early pleas, the Form 1 matters, and special circumstances based on youth, first imprisonment and rehabilitation needs, an aggregate sentence of 8 years with a non-parole period of 4...

Court Disposition

Offender convicted and sentenced to an aggregate full-time custodial sentence of 8 years with a non-parole period of 4 years and 6 months.

Orders

  • ['The offender is convicted of Count 1 – ongoing supply prohibited drug between 2 and 29 July 2015 pursuant to s 25A(1) of the DMTA.' 'The offender is convicted of Count 2 – supply prohibited drug – large commercial quantity of MDMA between 2 July 2015 and 20 August 2015 pursuant to s 25(2) of the DMTA.' 'The...