R v Osman [2022] NSWDC 49

R v Osman [2022] NSWDC 49

Having regard to the peripheral role of the offender, low objective seriousness, lack of prior convictions, demonstrated remorse and steps towards rehabilitation, together with the utility of a guilty plea, an aggregate sentence of 34 months imprisonment is appropriate. The matter is adjourned for assessment of suitability for an intensive correction order and community service work in accordance with s 66 and s 3A of the Crimes (Sentencing Procedure) Act 1999.

Jurisdiction
Australia
Judgment Date
24 January 2022
Procedural Posture
Criminal / Sentencing
Outcome
An aggregate term of imprisonment of 34 months imposed; matter adjourned for assessment of suitability for intensive correction order and community service.
Legal Topics
['sentencing' 'mitigating Factors' 'intensive Correction Orders' 'objective Seriousness' 'drug Offences' 'plea of Guilty']
['criminal Law'] ['sentencing' 'mitigating Factors' 'intensive Correction Orders' 'objective Seriousness' 'drug Offences' 'plea of Guilty']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for participate in criminal group and supply of prohibited drug' 'Whether sentence should be served as full-time imprisonment or by intensive correction order' 'Level of Osman’s culpability in the drug supply syndicate' "Relevance of offender's personal circumstances and rehabilitation prospects"]

Ratio Decidendi

Having regard to the peripheral role of the offender, low objective seriousness, lack of prior convictions, demonstrated remorse and steps towards rehabilitation, together with the utility of a guilty plea, an aggregate sentence of 34 months imprisonment is appropriate. The matter is adjourned for assessment of suitability for an intensive correction order and community service work in accordance with s 66 and s 3A of the Crimes (Sentencing Procedure) Act 1999.

Court Disposition

An aggregate term of imprisonment of 34 months imposed; matter adjourned for assessment of suitability for intensive correction order and community service.

Orders

  • ['Aggregate sentence of 34 months imprisonment imposed.' 'Offender referred to Community Corrections for assessment of suitability for intensive correction order (ICO) and community service work.' 'Sentence assessment report ordered regarding ICO and community service suitability.' 'Term of imprisonment stayed...