R v Dekker; R v Kominkovski [2021] NSWDC 186

R v Dekker; R v Kominkovski [2021] NSWDC 186

Although both offenders' repeated street-level supplies of methylamphetamine required custodial sentences and general deterrence, their early guilty pleas, limited roles, addiction context, time already served, demonstrated rehabilitation, and in Kominkovski's case quasi custody in residential rehabilitation justified sentences of less than two years to be served by intensive correction orders in the community.

Jurisdiction
Australia
Judgment Date
25 March 2021
Procedural Posture
Criminal Sentencing for Supply of Prohibited Drug / Sentence After Guilty Pleas
Outcome
Both offenders were sentenced to imprisonment to be served by way of intensive correction orders in the community.
Legal Topics
['supply of Prohibited Drug Methylamphetamine' 'indictable Quantity Less Than Commercial Quantity' 'early Guilty Plea' 'parity' 'form 1 Offences' 'intensive Correction Orders' 'rehabilitation' 'quasi Custody' 'family Hardship']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Prohibited Drug Methylamphetamine' 'indictable Quantity Less Than Commercial Quantity' 'early Guilty Plea' 'parity' 'form 1 Offences' 'intensive Correction Orders' 'rehabilitation' 'quasi Custody' 'family Hardship']

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Procedural Posture

Criminal Sentencing for Supply of Prohibited Drug / Sentence After Guilty Pleas

Legal Issues

  1. 1 ["What sentences should be imposed for the offenders' supplies of methylamphetamine on multiple occasions." 'Whether the sentences should be served by way of intensive correction orders in the community.' 'How parity, early guilty pleas, time in custody, quasi custody, rehabilitation, addiction, and family hardship should affect sentence.']

Ratio Decidendi

Although both offenders' repeated street-level supplies of methylamphetamine required custodial sentences and general deterrence, their early guilty pleas, limited roles, addiction context, time already served, demonstrated rehabilitation, and in Kominkovski's case quasi custody in residential rehabilitation justified sentences of less than two years to be served by intensive correction orders in the community.

Court Disposition

Both offenders were sentenced to imprisonment to be served by way of intensive correction orders in the community.

Orders

  • ['Michael Antony Kominkovski: sentence of 1 year and 6 months imprisonment to be served by intensive correction in the community.' 'Kominkovski must report to Community Corrections within seven days.' 'Kominkovski must perform 50 hours of community service.' 'Kominkovski must engage in any psychological treatment as...