R v Robson [2022] NSWDC 645

R v Robson [2022] NSWDC 645

The offender's cannabis supply offending and dealing with proceeds of crime were objectively serious and crossed the s 5 imprisonment threshold, but his guilty pleas, rehabilitation, remorse, low risk of re-offending, hardship in custody, reduced culpability to a degree, and parity with Mr Garget justified an aggregate term of 3 years imprisonment with execution stayed pending an assessment report for possible service by ICO.

Jurisdiction
Australia
Judgment Date
15 December 2022
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty
Outcome
The offender was convicted of the seq 11, 3 and 4 offences and sentenced to 3 years imprisonment commencing 15 December 2022 and expiring 14 December 2025, with execution stayed until 10 February 2023 pending an assessment report and further consideration of an ICO.
Legal Topics
['supply of Commercial Quantity of Cannabis' 'supply of Indictable Quantity of Cannabis' 'knowingly Dealing With Proceeds of Crime' 'form 1 Offences' 'drug Rehabilitation' 'parity Principle' 'intensive Correction Order' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['supply of Commercial Quantity of Cannabis' 'supply of Indictable Quantity of Cannabis' 'knowingly Dealing With Proceeds of Crime' 'form 1 Offences' 'drug Rehabilitation' 'parity Principle' 'intensive Correction Order' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['Assessment of objective seriousness for multiple cannabis supply offences and dealing with proceeds of crime' "Whether the offender's drug addiction, mental disorders and disadvantaged childhood reduced moral culpability" 'Whether the parity principle applied having regard to sentences imposed on co-offenders' 'Whether the s 5 threshold for imprisonment was crossed' 'Whether the sentence of imprisonment should be served by intensive correction order']

Ratio Decidendi

The offender's cannabis supply offending and dealing with proceeds of crime were objectively serious and crossed the s 5 imprisonment threshold, but his guilty pleas, rehabilitation, remorse, low risk of re-offending, hardship in custody, reduced culpability to a degree, and parity with Mr Garget justified an aggregate term of 3 years imprisonment with execution stayed pending an assessment report for possible service by ICO.

Court Disposition

The offender was convicted of the seq 11, 3 and 4 offences and sentenced to 3 years imprisonment commencing 15 December 2022 and expiring 14 December 2025, with execution stayed until 10 February 2023 pending an assessment report and further consideration of an ICO.

Orders

  • ['The offender is convicted of the sequence 11, 3 and 4 offences.' 'Taking into account the discount on sentence for the guilty pleas and the additional offences on the Form 1 attached to seq 11, the offender is sentenced to imprisonment for 3 years commencing on 15 December 2022 and expiring on 14 December 2025.'...