R v Mott [2022] NSWDC 204

R v Mott [2022] NSWDC 204

Given the offender's limited role, subjective case, prospects for rehabilitation, demonstration of remorse, and objective low seriousness, a sentence of 2 years' imprisonment is imposed, to be served by way of an Intensive Correction Order in the community with standard and additional conditions addressing rehabilitation and community protection.

Jurisdiction
Australia
Judgment Date
06 June 2022
Procedural Posture
Sentence / Sentencing Hearing – Sentence Imposed After Guilty Plea
Outcome
Convicted. Sentenced to two years' imprisonment to be served by way of Intensive Correction Order in the community.
Legal Topics
['sentencing' 'drug Supply Offences' 'intensive Correction Order' 'objective and Subjective Seriousness' 'prospects of Rehabilitation']
['criminal Law'] ['sentencing' 'drug Supply Offences' 'intensive Correction Order' 'objective and Subjective Seriousness' 'prospects of Rehabilitation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Sentence / Sentencing Hearing – Sentence Imposed After Guilty Plea

Legal Issues

  1. 1 ['What is the appropriate sentence for knowingly taking part in supply of a prohibited drug (commercial quantity)?' 'Should the sentence of imprisonment be served by way of an Intensive Correction Order rather than full-time custody?' 'What weight should be given to the subjective circumstances and prospects of rehabilitation?']

Ratio Decidendi

Given the offender's limited role, subjective case, prospects for rehabilitation, demonstration of remorse, and objective low seriousness, a sentence of 2 years' imprisonment is imposed, to be served by way of an Intensive Correction Order in the community with standard and additional conditions addressing rehabilitation and community protection.

Court Disposition

Convicted. Sentenced to two years' imprisonment to be served by way of Intensive Correction Order in the community.

Orders

  • ["Offender convicted and sentenced to 2 years' imprisonment commencing 6 June 2022 and expiring 5 June 2024, to be served by Intensive Correction Order in the community." 'Standard conditions: not to commit any offence; submit to supervision by Albury Community Corrections District Office.' 'Additional conditions:...