R v Wortley [2015] NSWDC 365

R v Wortley [2015] NSWDC 365

Given the offender's recent re-arrest and unsuitability for an intensive corrections order, a full-time custodial sentence is appropriate but should be no longer than initially contemplated, accounting for time already spent in custody and the finding of special circumstances.

Parties
Prosecution: The Crown; Offender: Mark Lee Wortley
Jurisdiction
Australia
Judgment Date
06 February 2015
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to imprisonment
Legal Topics
Sentence, Supply Prohibited Drug
Criminal Law Sentence Supply Prohibited Drug

Case Brief

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Parties

The Crown

Prosecution

Mark Lee Wortley

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for supply of prohibited drug
  2. 2 Consideration of offender's rehabilitation prospects
  3. 3 Suitability for intensive corrections order

Ratio Decidendi

Given the offender's recent re-arrest and unsuitability for an intensive corrections order, a full-time custodial sentence is appropriate but should be no longer than initially contemplated, accounting for time already spent in custody and the finding of special circumstances.

Court Disposition

Sentenced to imprisonment

Orders

  • Sentence of imprisonment of 9 months for offence on 11 December 2013, served as fixed term
  • Sentence of imprisonment for offence on 1 August 2013: non-parole period of 14 months, head sentence of 2 years