R v Wilhelm [2010] NSWSC 378

R v Wilhelm [2010] NSWSC 378

The supply was a social supply to a consenting adult and was at the lowest end of criminality for supply offences. The offender was not being sentenced for Mrs Brimble's death or any other offence. He had already suffered severe extra-curial punishment, including public derision, threats, mental illness, loss of marriage, home and finances, and the consequences of that punishment exceeded the criminality of the supply. A dismissal under s 10 would send the wrong message, but no further punishment was required; the appropriate disposition was conviction under s 10A with no further penalty.

Jurisdiction
Australia
Judgment Date
29 April 2010
Procedural Posture
Criminal Sentence / Remarks on Sentence Following Plea of Guilty to Supply a Prohibited Drug
Outcome
The offender is convicted under s 10A of the Crimes (Sentencing Procedure) Act but no further penalty is imposed.
Legal Topics
['supply Prohibited Drug' 'ghb' 'social Supply' 'extra Curial Punishment' 'general Deterrence' 'conviction With No Further Penalty Under S 10 A']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'ghb' 'social Supply' 'extra Curial Punishment' 'general Deterrence' 'conviction With No Further Penalty Under S 10 A']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Remarks on Sentence Following Plea of Guilty to Supply a Prohibited Drug

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's guilty plea to supply of GHB to Mrs Brimble." "Whether the offender's extra-curial punishment, including publicity, public humiliation, threats, mental illness, family and financial consequences, should reduce or eliminate the need for further punishment." 'Whether the charge should be dismissed under s 10 or dealt with by conviction with no further penalty under s 10A of the Crimes (Sentencing Procedure) Act.']

Ratio Decidendi

The supply was a social supply to a consenting adult and was at the lowest end of criminality for supply offences. The offender was not being sentenced for Mrs Brimble's death or any other offence. He had already suffered severe extra-curial punishment, including public derision, threats, mental illness, loss of marriage, home and finances, and the consequences of that punishment exceeded the criminality of the supply. A dismissal under s 10 would send the wrong message, but no further punishment was required; the appropriate disposition was conviction under s 10A with no further penalty.

Court Disposition

The offender is convicted under s 10A of the Crimes (Sentencing Procedure) Act but no further penalty is imposed.

Orders

  • ['The offender is convicted under s 10A of the Crimes (Sentencing Procedure) Act.' 'No further penalty is imposed.']