R v Barden [2015] NSWDC 395

R v Barden [2015] NSWDC 395

Although the supply offence was serious and general deterrence required a sentence of imprisonment, the evidence did not establish repeated drug trafficking or a sophisticated commercial arrangement. The offending appeared to involve an isolated non-commercial supply to friends, the offender pleaded guilty at the earliest opportunity, had become abstinent from illicit drugs, was employed, engaged in treatment and had very good prospects of rehabilitation. A head sentence of 16 months was reduced by 25% to 12 months for the guilty plea, and execution of that sentence was suspended under s 12 of the Crimes (Sentencing Procedure) Act 1999 with a one-year good behaviour bond.

Jurisdiction
Australia
Judgment Date
02 December 2015
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Offender convicted and sentenced to one year imprisonment, suspended under s 12 of the Crimes (Sentencing Procedure) Act 1999, with a one-year good behaviour bond; Form 1 matters taken into account; s 166 certificate charge dismissed; $200 forfeited to the Crown; drugs ordered destroyed.
Legal Topics
['supply of Prohibited Drug' 'form 1 Offences' 'suspended Sentence' 'good Behaviour Bond' 'forfeiture of Cash' 'drug Destruction' 'general Deterrence' 'rehabilitation']
['criminal Law' 'sentencing' 'drug Offences' 'confiscation of Proceeds of Crime'] ['supply of Prohibited Drug' 'form 1 Offences' 'suspended Sentence' 'good Behaviour Bond' 'forfeiture of Cash' 'drug Destruction' 'general Deterrence' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for knowingly taking part in the supply of 8.28 grams of Nexus, with four Form 1 offences taken into account.' "Whether the offender's conduct amounted to drug trafficking requiring a full-time custodial sentence absent exceptional circumstances." "Whether the offender's rehabilitation prospects and the non-commercial circumstances of the offending justified suspending a sentence of imprisonment." 'Whether cash found at Woolooware Railway Station should be forfeited to the Crown and the drugs destroyed.']

Ratio Decidendi

Although the supply offence was serious and general deterrence required a sentence of imprisonment, the evidence did not establish repeated drug trafficking or a sophisticated commercial arrangement. The offending appeared to involve an isolated non-commercial supply to friends, the offender pleaded guilty at the earliest opportunity, had become abstinent from illicit drugs, was employed, engaged in treatment and had very good prospects of rehabilitation. A head sentence of 16 months was reduced by 25% to 12 months for the guilty plea, and execution of that sentence was suspended under s 12 of the Crimes (Sentencing Procedure) Act 1999 with a one-year good behaviour bond.

Court Disposition

Offender convicted and sentenced to one year imprisonment, suspended under s 12 of the Crimes (Sentencing Procedure) Act 1999, with a one-year good behaviour bond; Form 1 matters taken into account; s 166 certificate charge dismissed; $200 forfeited to the Crown; drugs ordered destroyed.

Orders

  • ['On the charge that on 1 April 2015 at Woolooware the offender did knowingly take part in the supply of a prohibited drug, namely 8.28 grams of 4-bromo-2,5-dimethoxyethylamine in tablet form, the offender is convicted.' 'The offender is sentenced to imprisonment for a term of one year.' 'Under s 12 of the Crimes...