R v Palmieri [2012] NSWDC 279

R v Palmieri [2012] NSWDC 279

Although a custodial sentence was required for the supply of a relatively small but quite pure quantity of methylamphetamine, the evidence did not establish trafficking to a substantial degree because the contents and amounts in the drug ledgers were not proved and the offender had no other drug supply offences. Taking into account the late guilty plea, presentence custody, bail restrictions, subjective circumstances and the Crown's concession, a two-year sentence of imprisonment could be suspended under s 12 on strict conditions.

Jurisdiction
Australia
Judgment Date
23 March 2012
Procedural Posture
Criminal Sentence for Supply of a Prohibited Drug / Sentence Following Guilty Plea
Outcome
Sentenced to imprisonment for two years, suspended under s 12 of the Crimes (Sentencing Procedure) Act on condition of entering a good behaviour bond; s166 charge withdrawn.
Legal Topics
['supply of Prohibited Drug' 'methylamphetamine' 'suspended Sentence' 'good Behaviour Bond' 'personal Deterrence' 'presentence Custody']
['criminal Law' 'sentencing'] ['supply of Prohibited Drug' 'methylamphetamine' 'suspended Sentence' 'good Behaviour Bond' 'personal Deterrence' 'presentence Custody']

Case Brief

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Procedural Posture

Criminal Sentence for Supply of a Prohibited Drug / Sentence Following Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's supply of methylamphetamine." 'Whether the offender was trafficking to a substantial degree so that full-time custody was required absent exceptional circumstances.' 'Whether a suspended sentence under s 12 of the Crimes (Sentencing Procedure) Act was available and appropriate.' "How the offender's subjective circumstances, guilty plea, presentence custody, bail restrictions and need for personal deterrence should affect sentence."]

Ratio Decidendi

Although a custodial sentence was required for the supply of a relatively small but quite pure quantity of methylamphetamine, the evidence did not establish trafficking to a substantial degree because the contents and amounts in the drug ledgers were not proved and the offender had no other drug supply offences. Taking into account the late guilty plea, presentence custody, bail restrictions, subjective circumstances and the Crown's concession, a two-year sentence of imprisonment could be suspended under s 12 on strict conditions.

Court Disposition

Sentenced to imprisonment for two years, suspended under s 12 of the Crimes (Sentencing Procedure) Act on condition of entering a good behaviour bond; s166 charge withdrawn.

Orders

  • ['The offender is sentenced to imprisonment for a period of two years.' 'Under s 12 of the Crimes (Sentencing Procedure) Act the execution of that sentence is suspended on condition that the offender enter into a bond to be of good behaviour for the period of the sentence.' 'Conditions of the bond are that the...