R v Aston (No 2) [2018] NSWDC 428

R v Aston (No 2) [2018] NSWDC 428

The Court accepted the offender's contemporaneous and sworn account that he acted as a courier for a promised $600, found the offence towards the bottom of the range of objective seriousness for drug supply, and held that his abstinence in custody, family support, acceptance into residential rehabilitation and good prospects of rehabilitation justified a sentence of 1 year and 9 months imprisonment to be served by way of intensive correction in the community rather than full-time custody.

Jurisdiction
Australia
Judgment Date
18 October 2018
Procedural Posture
Criminal Sentence / Sentence Following Guilty Plea to Supply of a Prohibited Drug, With Call Up for Breach of S 9 Bonds
Outcome
The offender was convicted and sentenced to imprisonment for 1 year and 9 months commencing 18 October 2018, to be served by way of intensive correction in the community; two s 9 bonds were revoked and custodial sentences imposed for time already served; a possessing prohibited drug charge was dismissed.
Legal Topics
['supply of Prohibited Drug' 'deemed Supply' 'intensive Correction Order' 'drug Rehabilitation' 'breach of S 9 Bonds']
['criminal Law' 'sentencing'] ['supply of Prohibited Drug' 'deemed Supply' 'intensive Correction Order' 'drug Rehabilitation' 'breach of S 9 Bonds']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Plea to Supply of a Prohibited Drug, With Call Up for Breach of S 9 Bonds

Legal Issues

  1. 1 ["Whether the offender's account that he acted as a courier for a promised reward should be accepted" 'Assessment of the objective seriousness of attempting to take 115 tablets of 3,4MDA into a dance festival' 'Whether full-time custody was required or an intensive correction order was appropriate' 'How to deal with breaches of two s 9 bonds']

Ratio Decidendi

The Court accepted the offender's contemporaneous and sworn account that he acted as a courier for a promised $600, found the offence towards the bottom of the range of objective seriousness for drug supply, and held that his abstinence in custody, family support, acceptance into residential rehabilitation and good prospects of rehabilitation justified a sentence of 1 year and 9 months imprisonment to be served by way of intensive correction in the community rather than full-time custody.

Court Disposition

The offender was convicted and sentenced to imprisonment for 1 year and 9 months commencing 18 October 2018, to be served by way of intensive correction in the community; two s 9 bonds were revoked and custodial sentences imposed for time already served; a possessing prohibited drug charge was dismissed.

Orders

  • ['For charge number H61506456, the s 9 bond entered on 30 June 2016 was revoked and the offender was sentenced to imprisonment for 49 days commencing 14 July 2018 and expiring 31 August 2018.' 'For charge number H61391804, the s 9 bond entered on 30 June 2016 was revoked and the offender was sentenced to...