R v Meredith [2022] NSWDC 504

R v Meredith [2022] NSWDC 504

The supply offence crossed the custodial threshold, but the offender's role was below that of the syndicate principals and the objective seriousness was assessed as a little below middle range. Taking into account the 25% guilty plea discount, the Form 1 offences, limited prior record, remorse, good prospects of rehabilitation, successful completion of residential rehabilitation, pre-sentence custody and constrained liberty on bail, the appropriate sentence was two years imprisonment to be served by way of an intensive correction order in the community. For the Public Health Act offence, conviction without further penalty was appropriate under s 10A Crimes (Sentencing Procedure) Act 1999.

Jurisdiction
Australia
Judgment Date
29 July 2022
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Offender convicted of supply prohibited drug and sentenced to imprisonment for 2 years to be served by way of an intensive correction order in the community; convicted without penalty for the Public Health Act offence; confiscation orders made.
Legal Topics
['supply Prohibited Drug' 'intensive Correction Order' 'form 1 Offences' 'plea of Guilty Discount' 'public Health Direction Breach' 'confiscation of Proceeds of Crime']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'intensive Correction Order' 'form 1 Offences' 'plea of Guilty Discount' 'public Health Direction Breach' 'confiscation of Proceeds of Crime']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for supplying cocaine contrary to s 25(1) Drug Misuse and Trafficking Act 1985.' 'Whether additional Form 1 offences should affect the sentence for the supply offence.' 'Whether the term of imprisonment should be served by way of an intensive correction order in the community.' 'Whether any penalty should be imposed for failing to comply with a Public Health Act direction.']

Ratio Decidendi

The supply offence crossed the custodial threshold, but the offender's role was below that of the syndicate principals and the objective seriousness was assessed as a little below middle range. Taking into account the 25% guilty plea discount, the Form 1 offences, limited prior record, remorse, good prospects of rehabilitation, successful completion of residential rehabilitation, pre-sentence custody and constrained liberty on bail, the appropriate sentence was two years imprisonment to be served by way of an intensive correction order in the community. For the Public Health Act offence, conviction without further penalty was appropriate under s 10A Crimes (Sentencing Procedure) Act 1999.

Court Disposition

Offender convicted of supply prohibited drug and sentenced to imprisonment for 2 years to be served by way of an intensive correction order in the community; convicted without penalty for the Public Health Act offence; confiscation orders made.

Orders

  • ['The offender is convicted of the charge of supply prohibited drug.' 'The offender is sentenced to a term of imprisonment of 2 years, to commence on 29 July 2022 and to be served by way of an intensive corrections order in the community.' 'The standard intensive correction order conditions apply: the offender must...