R v Lenon [2019] NSWDC 169

R v Lenon [2019] NSWDC 169

The s 5 threshold for imposing a sentence of imprisonment has not been crossed; an order other than full-time custody is appropriate given the offender's steps towards rehabilitation and the circumstances of the offence.

Jurisdiction
Australia
Judgment Date
14 January 2019
Procedural Posture
Criminal / Sentence
Outcome
Community Correction Order imposed for 2 years; conviction recorded; back-up charges withdrawn.
Legal Topics
['sentencing' 'supply of Prohibited Drug' 'community Corrections Order']
['criminal Law'] ['sentencing' 'supply of Prohibited Drug' 'community Corrections Order']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether the threshold under s 5 of the Crime (Sentencing Procedure) Act 1999 for imprisonment has been crossed' 'Appropriate sentence for supply of indictable quantity of cocaine']

Ratio Decidendi

The s 5 threshold for imposing a sentence of imprisonment has not been crossed; an order other than full-time custody is appropriate given the offender's steps towards rehabilitation and the circumstances of the offence.

Court Disposition

Community Correction Order imposed for 2 years; conviction recorded; back-up charges withdrawn.

Orders

  • ['The offender is convicted of the offence.' 'Pursuant to section 8(1) of the Crimes (Sentencing Procedure) Act 1999, the offender is to comply with a community correction order for a period of 2 years commencing 14 January 2019.' 'Standard conditions: not commit any offence; appear before court if called upon.'...