R v Fisher [2019] NSWDC 299

R v Fisher [2019] NSWDC 299

Although the supply of 5.68 grams of MDMA with drug supply indicia was serious and just above the middle of the low range for a s 25(1) offence, the offender's youth, lack of criminal antecedents, early guilty plea, genuine remorse, significant rehabilitation, ADHD treatment, employment, family support and low risk of reoffending made it appropriate to discharge him under a s 9(1)(b) Conditional Release Order for 18 months without proceeding to conviction pursuant to s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999.

Jurisdiction
Australia
Judgment Date
05 July 2019
Procedural Posture
Criminal Sentencing for Supply Prohibited Drug With Form 1 Possess Prohibited Drug Taken Into Account / Sentence After Guilty Plea
Outcome
Conditional Release Order without proceeding to conviction for 18 months; drugs to be destroyed.
Legal Topics
['supply Prohibited Drug' 'possess Prohibited Drug' 'conditional Release Order' 'discharge Without Conviction' 'young Offender' 'form 1 Offence' 'drug Destruction Order']
['criminal Law' 'sentencing' 'drug Offences'] ['supply Prohibited Drug' 'possess Prohibited Drug' 'conditional Release Order' 'discharge Without Conviction' 'young Offender' 'form 1 Offence' 'drug Destruction Order']

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Procedural Posture

Criminal Sentencing for Supply Prohibited Drug With Form 1 Possess Prohibited Drug Taken Into Account / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 5.68 grams of 3,4 Methylenedioxy-methylamphetamine under s 25(1) of the Drug Misuse and Trafficking Act 1985.' 'Whether the offender should receive a Conditional Release Order without proceeding to conviction under ss 9 and 10 of the Crimes (Sentencing Procedure) Act 1999.' "What weight should be given to the offender's youth, lack of criminal antecedents, remorse, guilty plea, rehabilitation, ADHD and other subjective circumstances." "Whether principles of parity applied to the co-offender's sentence."]

Ratio Decidendi

Although the supply of 5.68 grams of MDMA with drug supply indicia was serious and just above the middle of the low range for a s 25(1) offence, the offender's youth, lack of criminal antecedents, early guilty plea, genuine remorse, significant rehabilitation, ADHD treatment, employment, family support and low risk of reoffending made it appropriate to discharge him under a s 9(1)(b) Conditional Release Order for 18 months without proceeding to conviction pursuant to s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999.

Court Disposition

Conditional Release Order without proceeding to conviction for 18 months; drugs to be destroyed.

Orders

  • ['Pursuant to s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999, an order is made discharging the offender under a s 9(1)(b) Conditional Release Order without proceeding to conviction.' 'The term of the order is for a period of 18 months from 5 July 2019.' 'The standard conditions of the orders apply: you...