R v Dunshea [2018] NSWDC 469

R v Dunshea [2018] NSWDC 469

Having regard to the quantity of cannabis, indicia of supply, the offender's admissions and the maximum penalty, a custodial sentence was required; however, because the offending was below the mid-range of objective seriousness, the offender had prior good character, had abstained from illicit drugs since arrest, had insight and rehabilitation prospects, and was assessed as a low to medium risk of reoffending, a sentence reduced by a 15% guilty plea discount to 23 months could appropriately be served by way of an intensive correction order with supervision, treatment, drug abstinence and community service conditions.

Jurisdiction
Australia
Judgment Date
29 November 2018
Procedural Posture
Criminal Sentence / Sentence Following Guilty Plea
Outcome
Offender convicted and sentenced to imprisonment for one year and 11 months commencing 29 November 2018, to be served by way of intensive correction in the community.
Legal Topics
['supply of Prohibited Drug' 'deemed Supply of Cannabis Leaf' 'form 1 Offence' 'intensive Correction Order' 'community Service' 'prior Good Character' 'guilty Plea Discount']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Prohibited Drug' 'deemed Supply of Cannabis Leaf' 'form 1 Offence' 'intensive Correction Order' 'community Service' 'prior Good Character' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 2.1967 kilograms of cannabis leaf contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985.' 'Whether the possession of 1.91 grams of ecstasy should be taken into account on a Form 1.' 'Whether a sentence of imprisonment could be served by way of an intensive correction order rather than full-time custody.' "What allowance should be made for the offender's guilty plea, prior good character, abstinence from illicit drugs since arrest, prospects of rehabilitation, and risk of reoffending."]

Ratio Decidendi

Having regard to the quantity of cannabis, indicia of supply, the offender's admissions and the maximum penalty, a custodial sentence was required; however, because the offending was below the mid-range of objective seriousness, the offender had prior good character, had abstained from illicit drugs since arrest, had insight and rehabilitation prospects, and was assessed as a low to medium risk of reoffending, a sentence reduced by a 15% guilty plea discount to 23 months could appropriately be served by way of an intensive correction order with supervision, treatment, drug abstinence and community service conditions.

Court Disposition

Offender convicted and sentenced to imprisonment for one year and 11 months commencing 29 November 2018, to be served by way of intensive correction in the community.

Orders

  • ['Joshua Anthony Eric Dunshea is convicted of supplying a prohibited drug, namely cannabis leaf, on 10 March 2016 at Elizabeth Bay.' 'The offender is sentenced to imprisonment for one year and 11 months commencing 29 November 2018, to be served by way of intensive correction in the community.' 'The offender must not...