R v Redman [2020] NSWDC 554

R v Redman [2020] NSWDC 554

A full-time custodial sentence was required because Redman was a principal street supplier who purchased and supplied a significant quantity of cannabis for profit over time, despite his personal drug use, depressive condition, early plea, cooperation, pro-social support and COVID-19 custody hardships. Parity with O'Dwyer did not justify an Intensive Correction Order because O'Dwyer's role was limited to delivery, while Redman received and sold the drugs as his supply business. After a 25% discount for the early guilty plea and a finding of special circumstances, the court imposed 3 years and 4 months imprisonment with a 2-year non-parole period.

Jurisdiction
Australia
Judgment Date
22 July 2020
Procedural Posture
Criminal Sentencing for Supplying a Prohibited Drug, Cannabis, in the Indictable Quantity / Sentence After Early Guilty Plea
Outcome
Sentenced to imprisonment for 3 years and 4 months with a non-parole period of 2 years.
Legal Topics
['supply Prohibited Drug' 'cannabis Leaf' 'early Guilty Plea' 'form 1 Matters' 'parity Principle' 'general Deterrence' 'special Circumstances' 'covid 19 Prison Conditions' 'drug Rehabilitation' 'intensive Correction Order']
['criminal Law' 'sentencing' 'drug Offences'] ['supply Prohibited Drug' 'cannabis Leaf' 'early Guilty Plea' 'form 1 Matters' 'parity Principle' 'general Deterrence' 'special Circumstances' 'covid 19 Prison Conditions' 'drug Rehabilitation' 'intensive Correction Order']

Case Brief

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Procedural Posture

Criminal Sentencing for Supplying a Prohibited Drug, Cannabis, in the Indictable Quantity / Sentence After Early Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for supplying cannabis in the indictable quantity where the quantity was arrived at by amalgamating multiple transactions.' "What weight should be given to the offender's early guilty plea, admissions and cooperation." "Whether the offender's cannabis use, depressive condition and need for rehabilitation affected the sentencing assessment." "Whether parity with R v O'Dwyer [2020] NSWDC 151 justified a similar sentence structure or an Intensive Correction Order." 'Whether COVID-19 restrictions and special circumstances justified adjustment of the non-parole period.']

Ratio Decidendi

A full-time custodial sentence was required because Redman was a principal street supplier who purchased and supplied a significant quantity of cannabis for profit over time, despite his personal drug use, depressive condition, early plea, cooperation, pro-social support and COVID-19 custody hardships. Parity with O'Dwyer did not justify an Intensive Correction Order because O'Dwyer's role was limited to delivery, while Redman received and sold the drugs as his supply business. After a 25% discount for the early guilty plea and a finding of special circumstances, the court imposed 3 years and 4 months imprisonment with a 2-year non-parole period.

Court Disposition

Sentenced to imprisonment for 3 years and 4 months with a non-parole period of 2 years.

Orders

  • ['There will be a non-parole period of two years dating from 7 June 2019.' 'The offender will be eligible for consideration for release to parole on 6 June 2021.' 'The balance of the term is one year and four months and will expire on 6 October.' 'The offender should be supervised in the community for as long as...