R v Dando [2019] NSWDC 833

R v Dando [2019] NSWDC 833

The offender engaged in a serious ongoing drug supply business using encrypted mobile phone messages, supplied a variety of prohibited and restricted drugs for financial benefit, encouraged bulk purchases, and had prior drug-related offending that had not deterred him. Taking the Form 1 matters into account, the s 5 threshold was passed and imprisonment was required for seriousness, specific deterrence, general deterrence and community protection. However, the earliest guilty plea, genuine remorse, youth, first time in custody, successful drug treatment, negative drug tests, family support and good rehabilitation prospects justified a 25% discount and special circumstances reducing the...

Jurisdiction
Australia
Judgment Date
21 June 2019
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty
Outcome
Convicted and sentenced to imprisonment for 2 years and 4 months with a non-parole period of 1 year; Form 1 offences taken into account; special circumstances found; drug proceeds order made; backup offences withdrawn and dismissed.
Legal Topics
['supplying Prohibited Drugs on an Ongoing Basis' 'form 1 Offences' 'drug Proceeds Order' 'special Circumstances' 'non Parole Period' 'undercover Operatives']
['criminal Law' 'sentencing'] ['supplying Prohibited Drugs on an Ongoing Basis' 'form 1 Offences' 'drug Proceeds Order' 'special Circumstances' 'non Parole Period' 'undercover Operatives']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['Whether the offending for supplying prohibited drugs on an ongoing basis required a sentence of imprisonment.' 'How the seven Form 1 offences should be taken into account on sentence.' "Whether the offender's youth, first time in custody, remorse, rehabilitation efforts and prospects of rehabilitation justified special circumstances and a reduced non-parole period." 'Whether the offender should receive a discount for an early plea of guilty.']

Ratio Decidendi

The offender engaged in a serious ongoing drug supply business using encrypted mobile phone messages, supplied a variety of prohibited and restricted drugs for financial benefit, encouraged bulk purchases, and had prior drug-related offending that had not deterred him. Taking the Form 1 matters into account, the s 5 threshold was passed and imprisonment was required for seriousness, specific deterrence, general deterrence and community protection. However, the earliest guilty plea, genuine remorse, youth, first time in custody, successful drug treatment, negative drug tests, family support and good rehabilitation prospects justified a 25% discount and special circumstances reducing the...

Court Disposition

Convicted and sentenced to imprisonment for 2 years and 4 months with a non-parole period of 1 year; Form 1 offences taken into account; special circumstances found; drug proceeds order made; backup offences withdrawn and dismissed.

Orders

  • ['The offender is convicted of supplying prohibited drugs on an ongoing basis contrary to s 25A(1) of the Drugs Misuse and Trafficking Act 1985.' 'The Form 1 offences are taken into account on sentence.' 'Special circumstances are found on the basis of first time in custody, age and good prospects of...