R v Pipio [2019] NSWDC 354

R v Pipio [2019] NSWDC 354

Although the offender's repeated supply of cocaine was serious and required a term of imprisonment for deterrence and community protection, his plea of guilty, lack of prior criminal record, good character, remorse, onerous bail conditions, rehabilitation prospects and low likelihood of reoffending justified a 25% plea discount and allowed the 18-month sentence of imprisonment to be served by way of an intensive corrections order.

Jurisdiction
Australia
Judgment Date
18 April 2019
Procedural Posture
Criminal Sentencing / Sentence Following Plea of Guilty
Outcome
The offender was convicted and sentenced to imprisonment for 18 months to be served by way of an intensive corrections order.
Legal Topics
['supply of Prohibited Drugs' 'cocaine' 'intensive Correction Orders' 'plea of Guilty' 'rehabilitation' 'remorse' 'deterrence' 'good Character']
['criminal Law' 'sentencing'] ['supply of Prohibited Drugs' 'cocaine' 'intensive Correction Orders' 'plea of Guilty' 'rehabilitation' 'remorse' 'deterrence' 'good Character']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 135 grams of cocaine contrary to s 25 of the Drug Misuse and Trafficking Act 1985.' 'Whether a term of imprisonment should be served by way of an intensive correction order.' "What discount should be allowed for the utilitarian value of the offender's plea of guilty." "How the offender's subjective circumstances, good character, remorse, rehabilitation prospects and onerous bail conditions should affect sentence."]

Ratio Decidendi

Although the offender's repeated supply of cocaine was serious and required a term of imprisonment for deterrence and community protection, his plea of guilty, lack of prior criminal record, good character, remorse, onerous bail conditions, rehabilitation prospects and low likelihood of reoffending justified a 25% plea discount and allowed the 18-month sentence of imprisonment to be served by way of an intensive corrections order.

Court Disposition

The offender was convicted and sentenced to imprisonment for 18 months to be served by way of an intensive corrections order.

Orders

  • ['The offender is convicted of the offence.' 'There being no other appropriate penalty, a sentence of imprisonment of 18 months is imposed.' 'Pursuant to section 7(1) of the Crimes (Sentencing Procedure) Act 1999, the sentence is to be served by way of an intensive corrections order commencing 18 April 2019.' 'The...