R v Cunningham [2017] NSWDC 106

R v Cunningham [2017] NSWDC 106

The offender had demonstrated significant rehabilitation after the s 11 adjournment and was suitable for an Intensive Corrections Order, but the objective gravity of possessing drugs for the purpose of supply required significant punishment; a suspended sentence was insufficient, so a 12 month term of imprisonment was imposed to be served by means of an Intensive Corrections Order.

Jurisdiction
Australia
Judgment Date
27 January 2017
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea and S 11 Remand
Outcome
Taking into account matters on a Form 1, the offender was sentenced to imprisonment for 12 months to be served by means of an Intensive Corrections Order; the s166 certificate matter was withdrawn and the drugs were ordered to be destroyed.
Legal Topics
['supply Prohibited Drug' 'possess Prohibited Drug' 'form 1 Matters' 'intensive Corrections Order' 'suspended Sentence' 'section 11 Remand']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'possess Prohibited Drug' 'form 1 Matters' 'intensive Corrections Order' 'suspended Sentence' 'section 11 Remand']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea and S 11 Remand

Legal Issues

  1. 1 ['Whether the offender should receive a suspended sentence or imprisonment served by means of an Intensive Corrections Order.' 'How to assess the objective gravity of the offence of possessing drugs for the purpose of supplying them.' "Whether the offender's rehabilitation following a s 11 adjournment affected the sentencing outcome."]

Ratio Decidendi

The offender had demonstrated significant rehabilitation after the s 11 adjournment and was suitable for an Intensive Corrections Order, but the objective gravity of possessing drugs for the purpose of supply required significant punishment; a suspended sentence was insufficient, so a 12 month term of imprisonment was imposed to be served by means of an Intensive Corrections Order.

Court Disposition

Taking into account matters on a Form 1, the offender was sentenced to imprisonment for 12 months to be served by means of an Intensive Corrections Order; the s166 certificate matter was withdrawn and the drugs were ordered to be destroyed.

Orders

  • ['The offender is sentenced to imprisonment for 12 months.' 'The sentence is to be served by means of an Intensive Corrections Order.' 'The matter on the s166 certificate is withdrawn.' 'The drugs are to be destroyed.']