R v Roland [2012] NSWDC 200

R v Roland [2012] NSWDC 200

The offender was not proved to have been trafficking to a substantial degree because the supplies were for relatively small amounts, to a relatively small number of people, over a relatively short period. Imprisonment was nevertheless required, and although the sentence should be two years or less, a suspended sentence would not provide adequate personal deterrence or punishment given the offender's guarded rehabilitation prospects. If assessed as suitable, an intensive corrections order would be an appropriate sentence because it would impose punishment while supporting rehabilitation.

Jurisdiction
Australia
Judgment Date
07 September 2012
Procedural Posture
Criminal Sentence for Supply Prohibited Drug / Sentencing After Guilty Plea; Referral for Assessment for Suitability to Serve Sentence by Intensive Corrections Order
Outcome
Referred for assessment as to suitability to serve the sentence by way of an intensive corrections order.
Legal Topics
['sentencing' 'supply Prohibited Drug' 'intensive Corrections Order' 'drug Offences']
['criminal Law'] ['sentencing' 'supply Prohibited Drug' 'intensive Corrections Order' 'drug Offences']

Case Brief

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Procedural Posture

Criminal Sentence for Supply Prohibited Drug / Sentencing After Guilty Plea; Referral for Assessment for Suitability to Serve Sentence by Intensive Corrections Order

Legal Issues

  1. 1 ['Whether the offender was trafficking to a substantial degree so as to require a full-time custodial sentence unless exceptional circumstances existed.' 'What sentence length was appropriate for the offence of supplying a prohibited drug.' 'Whether any sentence of imprisonment should be suspended or served other than in full-time custody, including by way of an intensive corrections order.']

Ratio Decidendi

The offender was not proved to have been trafficking to a substantial degree because the supplies were for relatively small amounts, to a relatively small number of people, over a relatively short period. Imprisonment was nevertheless required, and although the sentence should be two years or less, a suspended sentence would not provide adequate personal deterrence or punishment given the offender's guarded rehabilitation prospects. If assessed as suitable, an intensive corrections order would be an appropriate sentence because it would impose punishment while supporting rehabilitation.

Court Disposition

Referred for assessment as to suitability to serve the sentence by way of an intensive corrections order.

Orders

  • ["The offender's bail is continued until 10 o'clock on 2 November." 'The s 166 certificate matter is dismissed.' 'Orders are made relating to the confiscation of the mobile telephone.' 'Mr Roland is referred for assessment as to his suitability to serve his sentence by way of an intensive corrections order.' 'The...