R v Smith [2016] NSWDC 135

R v Smith [2016] NSWDC 135

Although the offender was trafficking to a substantial degree and the offence carried a very serious maximum penalty and standard non-parole period, the objective gravity was at the lower end for large commercial supply because he was unaware that the drug was unlike ecstasy and had a much lower large commercial quantity threshold. Taking account of his age, demonstrated rehabilitation, abstinence from drugs, employment, family support, depression, and the availability of an Intensive Corrections Order, the court was satisfied that a sentence of two years' imprisonment or less was likely and that assessment for suitability to serve the sentence by way of an Intensive Corrections Order was...

Jurisdiction
Australia
Judgment Date
06 May 2016
Procedural Posture
Criminal Sentence / Sentence Proceedings Adjourned Part Heard for Assessment of Suitability for an Intensive Corrections Order
Outcome
The offender was referred for assessment as to his suitability to serve his sentence by way of an Intensive Corrections Order, and the proceedings were adjourned part heard.
Legal Topics
['supply of a Large Commercial Quantity of Prohibited Drugs' '25 C Nbome' 'objective Gravity' 'form 1 Offences' 'rehabilitation' 'intensive Corrections Order']
['criminal Law' 'sentencing'] ['supply of a Large Commercial Quantity of Prohibited Drugs' '25 C Nbome' 'objective Gravity' 'form 1 Offences' 'rehabilitation' 'intensive Corrections Order']

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Procedural Posture

Criminal Sentence / Sentence Proceedings Adjourned Part Heard for Assessment of Suitability for an Intensive Corrections Order

Legal Issues

  1. 1 ['What sentence should be imposed for supplying a large commercial quantity of 25C-NBOMe where the offender believed the pills were equivalent to MDMA or ecstasy.' 'Whether the offender’s conduct was at the lower end of the range for large commercial supply because he was unaware of the true nature and large commercial quantity threshold of 25C-NBOMe.' 'Whether the offender should be assessed as suitable to serve a sentence by way of an Intensive Corrections Order rather than full-time custody.']

Ratio Decidendi

Although the offender was trafficking to a substantial degree and the offence carried a very serious maximum penalty and standard non-parole period, the objective gravity was at the lower end for large commercial supply because he was unaware that the drug was unlike ecstasy and had a much lower large commercial quantity threshold. Taking account of his age, demonstrated rehabilitation, abstinence from drugs, employment, family support, depression, and the availability of an Intensive Corrections Order, the court was satisfied that a sentence of two years' imprisonment or less was likely and that assessment for suitability to serve the sentence by way of an Intensive Corrections Order was...

Court Disposition

The offender was referred for assessment as to his suitability to serve his sentence by way of an Intensive Corrections Order, and the proceedings were adjourned part heard.

Orders

  • ['The offender is referred for assessment as to his suitability to serve his sentence by way of an Intensive Corrections Order.' 'Adjourned part heard to Tuesday 2 August 2016 at 9.30am.']