R v BB [2020] NSWDC 812

R v BB [2020] NSWDC 812

BB was sentenced to 20 months imprisonment for ongoing supply of prohibited drugs, to be served by way of an Intensive Correction Order with 150 hours of community service, reflecting parity with co-accused, taking into account greater criminal history, cooperation with authorities leading to substantial seizure of drugs, timely and valuable assistance, early plea of guilty, demonstration of remorse and rehabilitation. For driving while disqualified, a conviction was recorded without further penalty but with a reduced three-month licence disqualification, noting the principal penalty imposed for the drug offence.

Parties
Crown: Regina; Offender: BB
Jurisdiction
Australia
Judgment Date
30 June 2020
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Supply of Prohibited Drugs, Driving While Disqualified, Sentencing, Plea of Guilty, Cooperation With Police, Parity Sentencing, Intensive Correction Order
Criminal Law Supply of Prohibited Drugs Driving While Disqualified Sentencing Plea of Guilty Cooperation With Police Parity Sentencing Intensive Correction Order

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Parties

Regina

Crown

BB

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for ongoing supply of prohibited drugs
  2. 2 Whether parity with co-accused is required in sentencing
  3. 3 Consideration of aggravating and mitigating factors including cooperation with authorities

Ratio Decidendi

BB was sentenced to 20 months imprisonment for ongoing supply of prohibited drugs, to be served by way of an Intensive Correction Order with 150 hours of community service, reflecting parity with co-accused, taking into account greater criminal history, cooperation with authorities leading to substantial seizure of drugs, timely and valuable assistance, early plea of guilty, demonstration of remorse and rehabilitation. For driving while disqualified, a conviction was recorded without further penalty but with a reduced three-month licence disqualification, noting the principal penalty imposed for the drug offence.

Court Disposition

Convicted and sentenced

Orders

  • BB is convicted of ongoing supply of prohibited drugs and sentenced to 20 months imprisonment served by way of an Intensive Correction Order, including 150 hours community service.
  • BB is to report to Blacktown Community Corrections within seven days.