R v Williamson [2019] NSWDC 72

R v Williamson [2019] NSWDC 72

Although the objective seriousness of the offences required a term of imprisonment and general deterrence was the major sentencing consideration, the offender's early guilty plea, lesser role than the co-accused, remorse, abstinence from drugs, stable employment, family support, low risk of reoffending and excellent prospects of rehabilitation meant that community safety was better served by an aggregate three-year sentence of imprisonment served by way of an intensive correction order with supervision, community service and drug abstinence conditions.

Jurisdiction
Australia
Judgment Date
01 March 2019
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
Convicted; aggregate period of imprisonment of three years to be served by way of an intensive correction order commencing on 1 March 2019.
Legal Topics
['supply Prohibited Drug' 'knowingly Take Part in Supply of Prohibited Drug' 'intensive Correction Order' 'community Safety' 'general Deterrence' 'rehabilitation' 'form 1 Offences']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'knowingly Take Part in Supply of Prohibited Drug' 'intensive Correction Order' 'community Safety' 'general Deterrence' 'rehabilitation' 'form 1 Offences']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's guilty pleas to supplying a prohibited drug and knowingly taking part in supply of a prohibited drug." 'Whether the sentence of imprisonment should be served by way of an intensive correction order rather than full-time custody.' 'What weight should be given to objective seriousness, quantity, financial gain, parity with the co-accused, rehabilitation, remorse and community safety.']

Ratio Decidendi

Although the objective seriousness of the offences required a term of imprisonment and general deterrence was the major sentencing consideration, the offender's early guilty plea, lesser role than the co-accused, remorse, abstinence from drugs, stable employment, family support, low risk of reoffending and excellent prospects of rehabilitation meant that community safety was better served by an aggregate three-year sentence of imprisonment served by way of an intensive correction order with supervision, community service and drug abstinence conditions.

Court Disposition

Convicted; aggregate period of imprisonment of three years to be served by way of an intensive correction order commencing on 1 March 2019.

Orders

  • ['The offender is convicted.' 'In relation to count 1, the offender is sentenced to two years imprisonment.' 'In relation to count 2, the offender is sentenced to one year imprisonment, cumulative upon the sentence imposed for count 1.' 'The total effective sentence is three years imprisonment.' 'The aggregate...