R v Joseph Gregory RIDER [2007] NSWDC 314

R v Joseph Gregory RIDER [2007] NSWDC 314

The offender was sentenced to imprisonment because the objective gravity of supplying more than 60 grams of amphetamine, the fact that he was on a bond for a drug offence, the Form 1 matters including further 2007 methylamphetamine supply, and the need for personal deterrence required a custodial sentence. The delay since 1995 did not justify substantial leniency because it was largely caused by the offender absconding, and no utilitarian guilty plea discount was allowed because of his history of repeated guilty pleas, withdrawals and absconding. Special circumstances were found because of his prospects and desire for rehabilitation, justifying a parole condition requiring entry into...

Jurisdiction
Australia
Judgment Date
02 November 2007
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Taking into account matters on a Form 1, the offender is sentenced to imprisonment for a period of three years with a non parole period of eighteen months.
Legal Topics
['supply Amphetamine' 'supply Methylamphetamine' 'failure to Appear' 'delay' 'form 1 Matters' 'personal Deterrence' 'rehabilitation' 'special Circumstances' 'guilty Plea Discount']
['criminal Law' 'sentencing' 'drug Offences'] ['supply Amphetamine' 'supply Methylamphetamine' 'failure to Appear' 'delay' 'form 1 Matters' 'personal Deterrence' 'rehabilitation' 'special Circumstances' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for supplying amphetamine, taking into account matters on a Form 1.' 'What weight should be given to the delay between the 1995 offence and sentence where the delay was largely due to the offender absconding.' 'Whether the offender should receive a utilitarian discount for the guilty plea in light of repeated earlier guilty pleas, withdrawals and absconding.' 'Whether special circumstances should be found to support release to a residential rehabilitation programme.']

Ratio Decidendi

The offender was sentenced to imprisonment because the objective gravity of supplying more than 60 grams of amphetamine, the fact that he was on a bond for a drug offence, the Form 1 matters including further 2007 methylamphetamine supply, and the need for personal deterrence required a custodial sentence. The delay since 1995 did not justify substantial leniency because it was largely caused by the offender absconding, and no utilitarian guilty plea discount was allowed because of his history of repeated guilty pleas, withdrawals and absconding. Special circumstances were found because of his prospects and desire for rehabilitation, justifying a parole condition requiring entry into...

Court Disposition

Taking into account matters on a Form 1, the offender is sentenced to imprisonment for a period of three years with a non parole period of eighteen months.

Orders

  • ['The offender is sentenced to imprisonment for three years to date from 26 April 2007.' 'A non-parole period of eighteen months is set, also to date from 26 April 2007, expiring on 25 October 2008.' 'On 25 October 2008 the offender is to be released to parole, but it is a condition of his release to parole that he...