R v LESLIE, Michael [2017] NSWDC 381

R v LESLIE, Michael [2017] NSWDC 381

Having regard to the jury's verdict and evidence, the court found the offender was in possession of the total quantity of 70.73 grams of methylamphetamine for supply, a quantity and manner inconsistent with personal use, warranting a full-time custodial sentence. Special circumstances under s 44 were found due to the offender's inventions and rehabilitation prospects, justifying a non-parole period shorter than usual, but not alternative sentencing options.

Jurisdiction
Australia
Judgment Date
27 October 2017
Procedural Posture
Criminal / Sentencing After Guilty Verdict by Jury
Outcome
Offender convicted and sentenced to full-time incarceration.
Legal Topics
['sentencing' 'supply of Prohibited Drugs' 'aggravating and Mitigating Factors' 'parole Eligibility']
['criminal Law'] ['sentencing' 'supply of Prohibited Drugs' 'aggravating and Mitigating Factors' 'parole Eligibility']

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Procedural Posture

Criminal / Sentencing After Guilty Verdict by Jury

Legal Issues

  1. 1 ['Appropriate sentence for supply of 70.73 grams of methylamphetamine' 'Consideration of subjective circumstances and special circumstances under s 44 of the Crimes (Sentencing Procedure) Act 1999 (NSW)' 'Whether objective and subjective circumstances justify full-time custodial sentence' 'Assessment of aggravating and mitigating factors, including breach of conditional liberty']

Ratio Decidendi

Having regard to the jury's verdict and evidence, the court found the offender was in possession of the total quantity of 70.73 grams of methylamphetamine for supply, a quantity and manner inconsistent with personal use, warranting a full-time custodial sentence. Special circumstances under s 44 were found due to the offender's inventions and rehabilitation prospects, justifying a non-parole period shorter than usual, but not alternative sentencing options.

Court Disposition

Offender convicted and sentenced to full-time incarceration.

Orders

  • ['Michael Leslie is convicted.' 'Sentenced to 3 years imprisonment from 1 May 2017.' 'Non-parole period of 18 months (from 1 May 2017 to 31 October 2018).' 'Balance of sentence 18 months (to 30 April 2020).' 'Offender to be released to parole on 31 October 2018.']