R v Awad [2018] NSWDC 534

R v Awad [2018] NSWDC 534

The offending involved possession of 36 MDMA capsules at a dance festival and was properly treated as supply under the deeming provision, but it fell towards the lower end of objective seriousness. Taking into account the offender's belated guilty plea warranting a 15% utility discount, his limited relevant criminal history, employment, low assessed risk of reoffending and subjective matters, the offence did not cross the s 5 threshold, so a two-year Community Corrections Order was appropriate rather than a custodial sentence.

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Criminal Sentence / Sentence Following Guilty Plea
Outcome
Convicted and sentenced to a Community Corrections Order for 2 years; backup charge withdrawn and dismissed.
Legal Topics
['supply of an Indictable Quantity of a Prohibited Drug' 'mdma' 'deemed Supply' 'community Corrections Order' 'guilty Plea Discount' 'subjective Matters']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of an Indictable Quantity of a Prohibited Drug' 'mdma' 'deemed Supply' 'community Corrections Order' 'guilty Plea Discount' 'subjective Matters']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for supplying an indictable quantity of MDMA contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985.' 'Whether the offending crossed the s 5 threshold for a custodial sentence.' "What discount should be allowed for the offender's belated guilty plea." "Whether the offender's subjective circumstances, criminal history, remorse and employment affected sentence."]

Ratio Decidendi

The offending involved possession of 36 MDMA capsules at a dance festival and was properly treated as supply under the deeming provision, but it fell towards the lower end of objective seriousness. Taking into account the offender's belated guilty plea warranting a 15% utility discount, his limited relevant criminal history, employment, low assessed risk of reoffending and subjective matters, the offence did not cross the s 5 threshold, so a two-year Community Corrections Order was appropriate rather than a custodial sentence.

Court Disposition

Convicted and sentenced to a Community Corrections Order for 2 years; backup charge withdrawn and dismissed.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to a Community Corrections Order for 2 years.' 'The Community Corrections Order is subject to the standard conditions that the offender not commit any offences during the period of the order and report to the Court if required to do so if in breach of the...