R v Alpertonga [2023] NSWDC 606

R v Alpertonga [2023] NSWDC 606

Both offences were serious enough to warrant custodial sentences, but after assessing the offender's limited warehouseman role, the significant cocaine quantity and cash, the early guilty plea, first-offender status, strict bail compliance, good character, drug problem, demonstrated rehabilitation and especially intellectual disability, community safety and the community interest were best served by an aggregate custodial sentence of less than 3 years being served by Intensive Correction Order rather than full-time imprisonment.

Jurisdiction
Australia
Judgment Date
04 October 2023
Procedural Posture
Criminal Sentence / Sentence After Pleas of Guilty in the District Court of New South Wales
Outcome
The offender was convicted on each matter and sentenced to an aggregate term of imprisonment of 2 years and 3 months to be served by way of an Intensive Correction Order in the community.
Legal Topics
['supply Prohibited Drug' 'knowingly Take Part in Supply' 'proceeds of Crime' 'intensive Correction Order' 'objective Seriousness' 'intellectual Disability' 'drug Addiction' 'plea of Guilty' 'community Safety' 'rehabilitation']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'knowingly Take Part in Supply' 'proceeds of Crime' 'intensive Correction Order' 'objective Seriousness' 'intellectual Disability' 'drug Addiction' 'plea of Guilty' 'community Safety' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Pleas of Guilty in the District Court of New South Wales

Legal Issues

  1. 1 ['Assessment of objective seriousness for knowingly taking part in the supply of 140.175 grams of cocaine and dealing with property reasonably suspected of being proceeds of crime.' "Whether the offender's intellectual disability, drug use, good character, lack of prior convictions, strict bail compliance, plea of guilty and rehabilitation prospects mitigated sentence." 'Whether custodial sentences were required and, if so, whether the aggregate sentence should be served by way of an Intensive Correction Order in the community.' 'What conditions should attach to the Intensive Correction Order.']

Ratio Decidendi

Both offences were serious enough to warrant custodial sentences, but after assessing the offender's limited warehouseman role, the significant cocaine quantity and cash, the early guilty plea, first-offender status, strict bail compliance, good character, drug problem, demonstrated rehabilitation and especially intellectual disability, community safety and the community interest were best served by an aggregate custodial sentence of less than 3 years being served by Intensive Correction Order rather than full-time imprisonment.

Court Disposition

The offender was convicted on each matter and sentenced to an aggregate term of imprisonment of 2 years and 3 months to be served by way of an Intensive Correction Order in the community.

Orders

  • ['In relation to each matter, the offender is convicted.' 'For knowingly take part in supply, the indicated sentence is 1 year and 10 months, reflecting a 25% reduction for the early plea of guilty.' 'For possess proceeds of crime, the indicated sentence is 1 year and 1 month, reflecting a 25% reduction for the...