R v MUNOZ [2007] NSWDC 47

R v MUNOZ [2007] NSWDC 47

Given the small quantity of cocaine possessed for personal use, absence of previous convictions, steps towards rehabilitation, and prosecution agreement, the offender is convicted but released upon recognisance without imposing a custodial sentence.

Parties
Prosecution: Crown; Offender: Andres Munoz
Jurisdiction
Australia
Judgment Date
23 March 2007
Procedural Posture
Criminal / Sentencing
Outcome
Conviction without sentence; released upon recognisance to be of good behaviour for two years in the sum of $500 without security.
Legal Topics
Sentence, Border Control Drug
Criminal Law Sentence Border Control Drug

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Parties

Crown

Prosecution

Andres Munoz

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Sentencing for possession of a border controlled drug (cocaine) suspected of being imported

Ratio Decidendi

Given the small quantity of cocaine possessed for personal use, absence of previous convictions, steps towards rehabilitation, and prosecution agreement, the offender is convicted but released upon recognisance without imposing a custodial sentence.

Court Disposition

Conviction without sentence; released upon recognisance to be of good behaviour for two years in the sum of $500 without security.

Orders

  • Under s21(A) Andres Munoz is convicted but without passing sentence and released upon a recognisance to be of good behaviour for two years in the sum of five hundred dollars without security.