R v CHAN [2012] NSWDC 57

R v CHAN [2012] NSWDC 57

The offender’s supply of a significant quantity of cannabis, together with the separate Form 1 cultivation offence, was sufficiently serious to require a custodial sentence, notwithstanding his early guilty plea, lack of prior convictions, good character and rehabilitative efforts. Because the likely custodial term was less than two years, the offender should be referred for assessment as to suitability to serve the sentence by way of an Intensive Corrections Order.

Jurisdiction
Australia
Judgment Date
09 March 2012
Procedural Posture
Criminal Sentencing / Sentence After Early Guilty Plea; Referral for Intensive Corrections Order Assessment
Outcome
Offender referred for assessment as to suitability to serve the anticipated custodial sentence by way of an Intensive Corrections Order; matter adjourned.
Legal Topics
['supply a Prohibited Drug' 'cannabis' 'form 1 Offence' 'cultivation of Cannabis' 'intensive Corrections Order' 'early Guilty Plea' 'good Character' 'rehabilitation']
['criminal Law' 'sentencing'] ['supply a Prohibited Drug' 'cannabis' 'form 1 Offence' 'cultivation of Cannabis' 'intensive Corrections Order' 'early Guilty Plea' 'good Character' 'rehabilitation']

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Procedural Posture

Criminal Sentencing / Sentence After Early Guilty Plea; Referral for Intensive Corrections Order Assessment

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 3.6 kilograms of cannabis, taking into account a Form 1 offence of being knowingly involved in the cultivation of thirty-two cannabis plants.' 'Whether the seriousness of the offending required a custodial sentence.' 'Whether the offender should be referred for assessment as to suitability to serve the sentence by way of an Intensive Corrections Order.']

Ratio Decidendi

The offender’s supply of a significant quantity of cannabis, together with the separate Form 1 cultivation offence, was sufficiently serious to require a custodial sentence, notwithstanding his early guilty plea, lack of prior convictions, good character and rehabilitative efforts. Because the likely custodial term was less than two years, the offender should be referred for assessment as to suitability to serve the sentence by way of an Intensive Corrections Order.

Court Disposition

Offender referred for assessment as to suitability to serve the anticipated custodial sentence by way of an Intensive Corrections Order; matter adjourned.

Orders

  • ['Refer the offender for assessment as to his suitability to serve his sentence by way of an Intensive Corrections Order.' "Grant the offender bail until 11 May at 2 o'clock." 'Adjourned to 11 May 2012 at 2pm.']