R v PASSLOW, Todd Phillip [2016] NSWDC 437

R v PASSLOW, Todd Phillip [2016] NSWDC 437

Although the offence of ongoing supply carried a serious maximum penalty and was committed while the offender was on conditional liberty, the objective seriousness and moral culpability were low because three of five transactions involved rock salt knowingly supplied as a non-prohibited substance, the quantities and rewards were modest, the offending was opportunistic rather than planned or organised, and the offender was not substantially involved in trafficking. With a 25% discount for the early guilty plea, prior custody, and evidence of rehabilitation prospects, the appropriate sentence was imprisonment for 18 months suspended under s 12 with supervision and drug rehabilitation...

Jurisdiction
Australia
Judgment Date
17 February 2016
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty
Outcome
Offender convicted and sentenced to 1 year and 6 months imprisonment, suspended for the whole term pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
Legal Topics
['ongoing Supply of Prohibited Drug' 'methylamphetamine' 'supply to Undercover Police' 'suspended Sentence' 'plea of Guilty' 'breach of Conditional Liberty' 'drug Rehabilitation']
['criminal Law' 'sentencing' 'drug Offences'] ['ongoing Supply of Prohibited Drug' 'methylamphetamine' 'supply to Undercover Police' 'suspended Sentence' 'plea of Guilty' 'breach of Conditional Liberty' 'drug Rehabilitation']

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Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for ongoing supply of prohibited drug contrary to s 25A(1) Drug Misuse and Trafficking Act 1985 (NSW).' "Whether the offender's moral culpability was reduced because three of the five transactions involved rock salt supplied with knowledge that it was not a prohibited drug." 'Whether a term of full-time custody was required or whether the imprisonment term could be suspended with supervision and drug rehabilitation conditions.']

Ratio Decidendi

Although the offence of ongoing supply carried a serious maximum penalty and was committed while the offender was on conditional liberty, the objective seriousness and moral culpability were low because three of five transactions involved rock salt knowingly supplied as a non-prohibited substance, the quantities and rewards were modest, the offending was opportunistic rather than planned or organised, and the offender was not substantially involved in trafficking. With a 25% discount for the early guilty plea, prior custody, and evidence of rehabilitation prospects, the appropriate sentence was imprisonment for 18 months suspended under s 12 with supervision and drug rehabilitation...

Court Disposition

Offender convicted and sentenced to 1 year and 6 months imprisonment, suspended for the whole term pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999 (NSW).

Orders

  • ['The offender is convicted.' 'The offender is sentenced to imprisonment for one year and six months.' 'The sentence of imprisonment is suspended pursuant to s 12 of the Act.' 'The offender must enter into a bond to be of good behaviour.' 'The offender must advise the Court of any change of residential address.'...