R v Kelly [2020] NSWDC 232

R v Kelly [2020] NSWDC 232

Although the offences were very serious drug supply offences requiring a sentence of imprisonment, the offender acted at a very low level under Mackay's direction, was not motivated by business profit, had significant mental health and cocaine-use issues causally affecting judgment, pleaded guilty early, was young, remorseful, of prior good character, and had made substantial rehabilitative progress. The objective seriousness was assessed as low range for count 3 and below mid-range for counts 1 and 2. Community safety and rehabilitation were better served by an intensive correction order than full-time custody because custody would remove the medical, psychological, family, employment...

Jurisdiction
Australia
Judgment Date
22 May 2020
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas
Outcome
The offender was convicted on the three counts and sentenced to an aggregate term of imprisonment for 3 years, to be served by way of an intensive correction order.
Legal Topics
['supply of Prohibited Drugs' 'commercial Quantity' 'large Commercial Quantity' 'standard Non Parole Period' 'form 1 Procedure' 'intensive Correction Order' 'mental Health and Moral Culpability' 'parity']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Prohibited Drugs' 'commercial Quantity' 'large Commercial Quantity' 'standard Non Parole Period' 'form 1 Procedure' 'intensive Correction Order' 'mental Health and Moral Culpability' 'parity']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['How the standard non-parole periods should be treated for the three drug supply offences after guilty pleas.' "The objective seriousness of the offences, including the offender's role, drug quantities, Form 1 offences, lack of profit motive, and mental health condition." "Whether the offender's depressive disorder and cocaine use reduced moral culpability and the weight to be given to denunciation and deterrence." 'Whether parity with the sentence imposed on Wylie affected the appropriate sentence.' 'Whether the sentence of imprisonment should be served by full-time custody or by intensive correction order.']

Ratio Decidendi

Although the offences were very serious drug supply offences requiring a sentence of imprisonment, the offender acted at a very low level under Mackay's direction, was not motivated by business profit, had significant mental health and cocaine-use issues causally affecting judgment, pleaded guilty early, was young, remorseful, of prior good character, and had made substantial rehabilitative progress. The objective seriousness was assessed as low range for count 3 and below mid-range for counts 1 and 2. Community safety and rehabilitation were better served by an intensive correction order than full-time custody because custody would remove the medical, psychological, family, employment...

Court Disposition

The offender was convicted on the three counts and sentenced to an aggregate term of imprisonment for 3 years, to be served by way of an intensive correction order.

Orders

  • ['The offender is convicted of the 3 counts on the indictment, and taking into account the Form 1 offence in respect of each count, sentenced to imprisonment for 3 years.' 'The term of imprisonment is to be served by way of an intensive correction order.' 'The date of commencement of the intensive correction order...