R v Thomson [2020] NSWDC 577

R v Thomson [2020] NSWDC 577

Although a term of imprisonment was justified having regard to the seriousness of drug supply offences and the maximum penalties, the offending was at the very low level of objective seriousness, involved small quantities supplied at street level to fund the offender's own drug use, and the offender had pleaded guilty, had a relatively good record, showed remorse and rehabilitation, had significant health and mobility issues, and was unlikely to re-offend; therefore an aggregate sentence of 12 months imprisonment was imposed to be served by way of an intensive corrections order.

Jurisdiction
Australia
Judgment Date
21 August 2020
Procedural Posture
Criminal Sentencing for Drug Supply Offences / Sentence Following Guilty Pleas After Rejection of a Voir Dire Challenge to Admissibility
Outcome
The offender was convicted of each offence and sentenced to an aggregate term of imprisonment of 12 months to be served by way of an intensive corrections order commencing 21 August 2020.
Legal Topics
['supply of Prohibited Drug' 'ongoing Supply' 'intensive Correction Orders' 'guilty Plea' 'rehabilitation' 'remorse' 'objective Seriousness' 'drug Addiction' 'health Issues']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Prohibited Drug' 'ongoing Supply' 'intensive Correction Orders' 'guilty Plea' 'rehabilitation' 'remorse' 'objective Seriousness' 'drug Addiction' 'health Issues']

Case Brief

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Procedural Posture

Criminal Sentencing for Drug Supply Offences / Sentence Following Guilty Pleas After Rejection of a Voir Dire Challenge to Admissibility

Legal Issues

  1. 1 ['What sentence should be imposed for five counts involving ongoing supply and supply of heroin.' 'Whether the objective seriousness, guilty pleas, subjective circumstances, rehabilitation, remorse and low risk of reoffending justified imprisonment served by way of an intensive corrections order.']

Ratio Decidendi

Although a term of imprisonment was justified having regard to the seriousness of drug supply offences and the maximum penalties, the offending was at the very low level of objective seriousness, involved small quantities supplied at street level to fund the offender's own drug use, and the offender had pleaded guilty, had a relatively good record, showed remorse and rehabilitation, had significant health and mobility issues, and was unlikely to re-offend; therefore an aggregate sentence of 12 months imprisonment was imposed to be served by way of an intensive corrections order.

Court Disposition

The offender was convicted of each offence and sentenced to an aggregate term of imprisonment of 12 months to be served by way of an intensive corrections order commencing 21 August 2020.

Orders

  • ['The offender is convicted of each offence.' 'Indicative sentence on Count 1: 8 months.' 'Indicative sentence on Count 5: 8 months.' 'Indicative sentence on Count 9: 8 months.' 'Indicative sentence on Count 14: 2 months.' 'Indicative sentence on Count 15: 2 months.' 'There being no other appropriate penalty, an...