R v Rayn Munro [2018] NSWDC 331

R v Rayn Munro [2018] NSWDC 331

The offence was below the middle of the range of objective seriousness and amounted to low-level, unsophisticated supply. The offender's youth, prior good character, remorse, compliance with bail, counselling steps, low risk of reoffending, and good rehabilitation prospects were significant. His exposure to family violence as an adolescent adversely affected him and reduced his moral culpability, notwithstanding that the supply offence involved some deliberation. The objective gravity and subjective circumstances did not warrant a finding that the section 5 threshold was met, so a Community Correction Order was appropriate.

Jurisdiction
Australia
Judgment Date
01 November 2018
Procedural Posture
Criminal Sentence / Sentence Following Guilty Plea
Outcome
Convicted and sentenced to an 18 month Community Correction Order with supervision; sequence 2 on the section 166 certificate was withdrawn and dismissed.
Legal Topics
['supply Prohibited Drug' 'exposure to Family Violence' 'moral Culpability' 'young Offender' 'community Correction Order' 'academic Literature in Sentencing']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'exposure to Family Violence' 'moral Culpability' 'young Offender' 'community Correction Order' 'academic Literature in Sentencing']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Plea

Legal Issues

  1. 1 ["Whether the offender's exposure to domestic and family violence reduced his moral culpability for supplying a prohibited drug." 'Whether research and academic literature about domestic and family violence was relevant and admissible in the sentence proceedings.' 'Whether the section 5 threshold for full-time imprisonment was met.' 'Whether the offender should be sentenced by full-time imprisonment, an Intensive Correction Order, or a Community Correction Order.']

Ratio Decidendi

The offence was below the middle of the range of objective seriousness and amounted to low-level, unsophisticated supply. The offender's youth, prior good character, remorse, compliance with bail, counselling steps, low risk of reoffending, and good rehabilitation prospects were significant. His exposure to family violence as an adolescent adversely affected him and reduced his moral culpability, notwithstanding that the supply offence involved some deliberation. The objective gravity and subjective circumstances did not warrant a finding that the section 5 threshold was met, so a Community Correction Order was appropriate.

Court Disposition

Convicted and sentenced to an 18 month Community Correction Order with supervision; sequence 2 on the section 166 certificate was withdrawn and dismissed.

Orders

  • ['The offender is convicted.' 'Pursuant to s 8(1) of the Crimes (Sentencing Procedure) Act 1999, the offender is to comply with a Community Correction Order for a period of 18 months, commencing 1 November 2018.' 'The offender must not commit any offence.' 'The offender must appear before the court if called on to...