R v Morrish [2018] NSWDC 535

R v Morrish [2018] NSWDC 535

Taking into account objective seriousness (at top end of low range), aggravating factors of conditional liberty, mitigating factors including background and plea, the early plea discount, Form 1 matter, and finding of special circumstances (rehabilitation and institutionalisation concerns), the offender is sentenced to 15 months' imprisonment with a non-parole period of 10 months; possess prohibited drug charge is withdrawn and dismissed.

Jurisdiction
Australia
Judgment Date
14 November 2018
Procedural Posture
Sentence / Sentencing – Decision
Outcome
Convicted and sentenced to 15 months' imprisonment with non-parole period of 10 months; possess prohibited drug charge withdrawn and dismissed.
Legal Topics
['sentencing' 'drug Offences' 'knowingly Take Part in Supply of Prohibited Drug' 'resist Officer in Execution of Duty' 'utilitarian Discount' 'form 1']
['criminal Law'] ['sentencing' 'drug Offences' 'knowingly Take Part in Supply of Prohibited Drug' 'resist Officer in Execution of Duty' 'utilitarian Discount' 'form 1']

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Procedural Posture

Sentence / Sentencing – Decision

Legal Issues

  1. 1 ['What is the appropriate sentence for knowingly taking part in the supply of a prohibited drug contrary to s 25(1) of the Drug Misuse and Trafficking Act?' 'How should a related Form 1 offence (resist officer in execution of duty) affect the sentence?' 'What mitigating and aggravating factors should be taken into account in sentencing, including special circumstances?']

Ratio Decidendi

Taking into account objective seriousness (at top end of low range), aggravating factors of conditional liberty, mitigating factors including background and plea, the early plea discount, Form 1 matter, and finding of special circumstances (rehabilitation and institutionalisation concerns), the offender is sentenced to 15 months' imprisonment with a non-parole period of 10 months; possess prohibited drug charge is withdrawn and dismissed.

Court Disposition

Convicted and sentenced to 15 months' imprisonment with non-parole period of 10 months; possess prohibited drug charge withdrawn and dismissed.

Orders

  • ["Offender sentenced to 15 months' imprisonment with a 10 month non-parole period (commencing 14 August 2018, expiring 13 November 2019; earliest parole 13 June 2019)." 'Special circumstances found regarding rehabilitation and totality.' 'Possess prohibited drug charge (s 166 certificate) withdrawn and dismissed.']