R v White [2017] NSWDC 159

R v White [2017] NSWDC 159

The offender's supply offence involving 49 MDMA capsules at a music festival, packaged to avoid detection, was serious enough to require a sentence of imprisonment and a suspended sentence was inadequate for personal deterrence. However, because the offender was young, had no prior criminal history, pleaded guilty at the earliest opportunity, and was not shown to be trafficking to a substantial degree, the likely sentence was two years or shorter and he should be assessed for suitability to serve it by way of an Intensive Corrections Order.

Jurisdiction
Australia
Judgment Date
26 May 2017
Procedural Posture
Criminal Sentence for Supply Prohibited Drug / Sentence; Adjourned for Assessment of Suitability to Serve Sentence by Means of an Intensive Corrections Order
Outcome
The offender was referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order, and sentence was adjourned.
Legal Topics
['supply Prohibited Drug' 'mdma' 'drug Detection Dog' 'intensive Corrections Order' 'guilty Plea' 'youth of Offender' 'personal Deterrence']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'mdma' 'drug Detection Dog' 'intensive Corrections Order' 'guilty Plea' 'youth of Offender' 'personal Deterrence']

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Procedural Posture

Criminal Sentence for Supply Prohibited Drug / Sentence; Adjourned for Assessment of Suitability to Serve Sentence by Means of an Intensive Corrections Order

Legal Issues

  1. 1 ['What sentence should be imposed for possession of 49 capsules of MDMA at a music festival in circumstances indicating supply.' 'Whether a sentence other than full-time imprisonment is appropriate, including whether the offender should be assessed for an Intensive Corrections Order.' 'Whether a suspended sentence would adequately reflect the seriousness of the offending and personal deterrence.']

Ratio Decidendi

The offender's supply offence involving 49 MDMA capsules at a music festival, packaged to avoid detection, was serious enough to require a sentence of imprisonment and a suspended sentence was inadequate for personal deterrence. However, because the offender was young, had no prior criminal history, pleaded guilty at the earliest opportunity, and was not shown to be trafficking to a substantial degree, the likely sentence was two years or shorter and he should be assessed for suitability to serve it by way of an Intensive Corrections Order.

Court Disposition

The offender was referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order, and sentence was adjourned.

Orders

  • ['The offender is referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order.' 'The matter is adjourned until Thursday 6 July.']