R v Kansou [2022] NSWDC 451

R v Kansou [2022] NSWDC 451

Although the drug supply offences were serious and at least proximate to the mid-range of objective seriousness, the offender's moral culpability and sentence were materially affected by his limited single-occasion role in a larger enterprise, effective good character, guilty pleas, 35 days of pre-sentence custody, restrictive bail conditions, accepted expert evidence of a causal nexus between mental disorders, addictive behaviours and the offending, contrition, abstinence, low risk of reoffending, strong rehabilitation prospects and family impact. Community safety was best served by an aggregate sentence of imprisonment served by way of an intensive correction order in the community...

Jurisdiction
Australia
Judgment Date
14 July 2022
Procedural Posture
Criminal Sentence for Drug Supply Offences / Sentence After Guilty Pleas in the Local Court and Committal for Sentence to the District Court
Outcome
The offender was convicted of both offences and sentenced to an aggregate term of imprisonment of 3 years to be served by way of an intensive correction order in the community.
Legal Topics
['supply Prohibited Drug' 'supply Prohibited Drug Not Less Than Commercial Quantity' 'intensive Correction Orders' 'guilty Plea Discount' 'objective Seriousness' 'moral Culpability' 'rehabilitation' 'forfeiture of Proceeds']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'supply Prohibited Drug Not Less Than Commercial Quantity' 'intensive Correction Orders' 'guilty Plea Discount' 'objective Seriousness' 'moral Culpability' 'rehabilitation' 'forfeiture of Proceeds']

Case Brief

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Procedural Posture

Criminal Sentence for Drug Supply Offences / Sentence After Guilty Pleas in the Local Court and Committal for Sentence to the District Court

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 56.2 grams of cocaine contrary to s 25(1) Drug Misuse and Trafficking Act 1985 and supplying 143.4 grams of 3-4 methylenedioxymethylamphetamine not less than the commercial quantity contrary to s 25(2) Drug Misuse and Trafficking Act 1985.' 'Whether the aggregate term of imprisonment should be served by way of an intensive correction order in the community.' "How the offender's guilty plea, pre-sentence custody, bail restrictions, mental health evidence, role in the offending, remorse, family impact and prospects of rehabilitation should affect sentence." "Whether forfeiture should be ordered for money seized from the offender's address."]

Ratio Decidendi

Although the drug supply offences were serious and at least proximate to the mid-range of objective seriousness, the offender's moral culpability and sentence were materially affected by his limited single-occasion role in a larger enterprise, effective good character, guilty pleas, 35 days of pre-sentence custody, restrictive bail conditions, accepted expert evidence of a causal nexus between mental disorders, addictive behaviours and the offending, contrition, abstinence, low risk of reoffending, strong rehabilitation prospects and family impact. Community safety was best served by an aggregate sentence of imprisonment served by way of an intensive correction order in the community...

Court Disposition

The offender was convicted of both offences and sentenced to an aggregate term of imprisonment of 3 years to be served by way of an intensive correction order in the community.

Orders

  • ['In each case, the offender is convicted of the offence.' 'An aggregate sentence of imprisonment for 3 years is imposed, to be served by way of an intensive correction order in the community commencing on 14 July 2022.' 'The standard intensive correction order conditions apply under ss 72 and 73 Crimes (Sentencing...