R v Davis [2016] NSWDC 382

R v Davis [2016] NSWDC 382

The offender was to be sentenced on the basis that he intended to supply at least some of the 16 ecstasy capsules to another person. Although the quantity was twice the trafficable amount and of relatively high purity, it was at the bottom of the range for supply and well below the commercial quantity. Taking into account his prior good character, youth, employment, the Crown's position that full-time custody was not sought, and the impracticality of community service given his working hours, a lengthy s 9 good behaviour bond together with a fine was the appropriate sentence.

Jurisdiction
Australia
Judgment Date
18 October 2016
Procedural Posture
Criminal Sentence for Supply of a Prohibited Drug / Sentence After Jury Verdict of Guilty
Outcome
The offender was sentenced to a s 9 good behaviour bond for three years and fined $2,000.
Legal Topics
['supply of Prohibited Drug' 'deemed Supply' 'ecstasy' 'section 9 Good Behaviour Bond' 'fine' 'prior Good Character']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Prohibited Drug' 'deemed Supply' 'ecstasy' 'section 9 Good Behaviour Bond' 'fine' 'prior Good Character']

Case Brief

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Procedural Posture

Criminal Sentence for Supply of a Prohibited Drug / Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for supplying 2.5 grams of 3,4-methylenedioxymethylamphetamine after the jury rejected the offender's contention that the drugs were for personal use." 'Whether a s 10 order, a s 9 bond, a community service order, a fine, or custody was appropriate in the circumstances.']

Ratio Decidendi

The offender was to be sentenced on the basis that he intended to supply at least some of the 16 ecstasy capsules to another person. Although the quantity was twice the trafficable amount and of relatively high purity, it was at the bottom of the range for supply and well below the commercial quantity. Taking into account his prior good character, youth, employment, the Crown's position that full-time custody was not sought, and the impracticality of community service given his working hours, a lengthy s 9 good behaviour bond together with a fine was the appropriate sentence.

Court Disposition

The offender was sentenced to a s 9 good behaviour bond for three years and fined $2,000.

Orders

  • ['Pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999, Mark Andrew Davis is to enter into a bond to be of good behaviour for a period of three years from 18 October 2016.' 'During the term of the bond the offender is to appear before the Court if called upon to do so at any time.' 'During the term of the...