R v Edward Herbert ELELMAN [2009] NSWDC 163

R v Edward Herbert ELELMAN [2009] NSWDC 163

The offender's two supplies of amphetamine were serious but below the mid-range of objective seriousness and were not isolated acts. Imprisonment was required, but the early guilty plea, genuine desire to cease drug use, exceptional hardship to his son, need for parole supervision, and the totality principle justified structured sentences with partial overlap and a finding of special circumstances.

Jurisdiction
Australia
Judgment Date
22 May 2009
Procedural Posture
Criminal Sentencing for Two Offences of Supplying a Prohibited Drug / Sentence After Early Guilty Plea
Outcome
The offender was sentenced to imprisonment for both offences; property and money were forfeited and drugs destroyed.
Legal Topics
['supply Prohibited Drug' 'amphetamine' 'hardship to a Third Party' 'special Circumstances' 'totality' 'forfeiture and Destruction of Property']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'amphetamine' 'hardship to a Third Party' 'special Circumstances' 'totality' 'forfeiture and Destruction of Property']

Case Brief

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Procedural Posture

Criminal Sentencing for Two Offences of Supplying a Prohibited Drug / Sentence After Early Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for two offences of supplying a prohibited drug involving relatively small quantities of amphetamine.' 'Whether the two supplies were isolated acts or part of continuing willingness to supply drugs.' "Whether hardship to the offender's son Matthew was exceptional and could be taken into account on sentence." 'Whether special circumstances and the principle of totality justified adjustment of the sentences and partial overlap.']

Ratio Decidendi

The offender's two supplies of amphetamine were serious but below the mid-range of objective seriousness and were not isolated acts. Imprisonment was required, but the early guilty plea, genuine desire to cease drug use, exceptional hardship to his son, need for parole supervision, and the totality principle justified structured sentences with partial overlap and a finding of special circumstances.

Court Disposition

The offender was sentenced to imprisonment for both offences; property and money were forfeited and drugs destroyed.

Orders

  • ['For the offence of supplying prohibited drug on 29 April 2008, the offender is sentenced to a fixed term of imprisonment for one year to date from 19 November 2008.' 'For the offence of supplying a prohibited drug on 22 May 2008, the offender is sentenced to imprisonment with a non-parole period of one year to...