R v Michael Corbett [2016] NSWDC 61

R v Michael Corbett [2016] NSWDC 61

Given the number of supply occasions, total quantity, high purity of drugs, and period of offending, a full-time custodial sentence is warranted. The offender's personal circumstances, addiction, and prospects for rehabilitation amount to special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999, justifying a reduction in the non-parole period, but not so as to bring the sentence below two years. No penalty other than imprisonment is appropriate. The early plea of guilty entitles the offender to a 25% discount.

Jurisdiction
Australia
Judgment Date
29 April 2016
Procedural Posture
Criminal / Sentencing
Outcome
Full time custodial sentence imposed.
Legal Topics
['sentencing' 'ongoing Supply of Prohibited Drugs' 'utilitarian Discount' 'general Deterrence' 'form 1 Matters' 'rehabilitation' 'special Circumstances']
['criminal Law'] ['sentencing' 'ongoing Supply of Prohibited Drugs' 'utilitarian Discount' 'general Deterrence' 'form 1 Matters' 'rehabilitation' 'special Circumstances']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for ongoing supply of prohibited drugs under s 25A of the Drugs (Misuse and Trafficking) Act 1985?' 'Should special circumstances be found under s 44(2) of the Crimes (Sentencing Procedure) Act 1999?']

Ratio Decidendi

Given the number of supply occasions, total quantity, high purity of drugs, and period of offending, a full-time custodial sentence is warranted. The offender's personal circumstances, addiction, and prospects for rehabilitation amount to special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999, justifying a reduction in the non-parole period, but not so as to bring the sentence below two years. No penalty other than imprisonment is appropriate. The early plea of guilty entitles the offender to a 25% discount.

Court Disposition

Full time custodial sentence imposed.

Orders

  • ['The offender is convicted under s 25A of the Drugs (Misuse and Trafficking) Act 1985.' 'Sentenced to a non-parole period of 1 year and 3 months from 10 January 2016 to 9 April 2017.' 'Balance of term is 1 year and 3 months from 10 April 2017 to 9 July 2018.' 'Parole eligibility date is 9 April 2017.' 'Total term...