R v Moquet [2021] NSWDC 737

R v Moquet [2021] NSWDC 737

Given the unsophisticated nature of the ongoing supply, small quantities and low purity of the drugs, significant childhood deprivation, remorse and rehabilitation prospects, the appropriate sentence is a 2-year term of imprisonment served in the community by way of Intensive Correction Order with standard and additional conditions.

Jurisdiction
Australia
Judgment Date
21 October 2021
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and sentenced to 2 years' imprisonment to be served by way of Intensive Correction Order with standard and additional conditions.
Legal Topics
['sentencing' 'ongoing Drug Supply' 'intensive Correction Order']
['criminal Law'] ['sentencing' 'ongoing Drug Supply' 'intensive Correction Order']

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

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for ongoing supply of prohibited drugs under s 25A of the Drug Misuse and Trafficking Act 1985?' "Does the offender's significant deprivation and trauma reduce moral culpability under Bugmy principles?" 'Whether to impose a term of imprisonment as full-time custody or as an Intensive Correction Order?' 'Is there sufficient basis for a drug proceeds order under the Confiscation of Proceeds of Crime Act 1989?']

Ratio Decidendi

Given the unsophisticated nature of the ongoing supply, small quantities and low purity of the drugs, significant childhood deprivation, remorse and rehabilitation prospects, the appropriate sentence is a 2-year term of imprisonment served in the community by way of Intensive Correction Order with standard and additional conditions.

Court Disposition

Offender convicted and sentenced to 2 years' imprisonment to be served by way of Intensive Correction Order with standard and additional conditions.

Orders

  • ['Term of imprisonment of two years to be served by way of Intensive Correction Order in the community.' 'Standard conditions: not to commit any offence and submit to supervision of Community Corrections.' 'Additional conditions: Undertake counselling or treatment for drug and alcohol abuse as directed by Community...