R v Owens [2019] NSWDC 705

R v Owens [2019] NSWDC 705

Although drug supply offending ordinarily calls for full-time imprisonment and deterrent punishment, the offender's role as primarily a courier, his assistance to authorities, early guilty pleas, time already spent in custody, personal circumstances, willingness to engage with supervision and the availability of an intensive correction order justified a custodial sentence of 2 years 5 months to be served in the community by intensive correction order.

Jurisdiction
Australia
Judgment Date
13 June 2019
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas
Outcome
Full-time custodial order of 2 years 5 months to be served by way of an intensive correction order in the community.
Legal Topics
['supplying a Prohibited Drug' 'ongoing Supply of a Prohibited Drug' 'intensive Correction Order' 'assistance to Authorities' 'early Guilty Plea' 'form 1 Offence' 'deterrence']
['criminal Law' 'sentencing' 'drug Offences'] ['supplying a Prohibited Drug' 'ongoing Supply of a Prohibited Drug' 'intensive Correction Order' 'assistance to Authorities' 'early Guilty Plea' 'form 1 Offence' 'deterrence']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for supplying methylamphetamine and ongoing supply of methylamphetamine, taking into account a Form 1 dealing with proceeds of crime matter.' 'Whether the sentence could be served in the community by way of an intensive correction order rather than full-time custody.' 'What reduction should be allowed for past and future assistance to authorities and early guilty pleas.']

Ratio Decidendi

Although drug supply offending ordinarily calls for full-time imprisonment and deterrent punishment, the offender's role as primarily a courier, his assistance to authorities, early guilty pleas, time already spent in custody, personal circumstances, willingness to engage with supervision and the availability of an intensive correction order justified a custodial sentence of 2 years 5 months to be served in the community by intensive correction order.

Court Disposition

Full-time custodial order of 2 years 5 months to be served by way of an intensive correction order in the community.

Orders

  • ['For the supply offence, the Court indicated that but for the guilty plea and assistance a sentence of 3 years would have been imposed, and indicated a sentence of 1 year 9 months.' 'For the ongoing supply offence, taking into account the Form 1 matter, the Court indicated that but for the guilty plea and its...