R v Mullins [2019] NSWDC 379

R v Mullins [2019] NSWDC 379

The offender admitted breaching the s 9 bond. The supply offence involved possession of 14.27 grams of methylamphetamine at 80.5% purity and, although toward the bottom of the range and apparently not sold for payment, involved distribution into the community and crossed the s 5 threshold for imprisonment. The offender had failed to engage with community corrections, had not completed rehabilitation, continued to need rehabilitation, had guarded prospects of rehabilitation, and had a criminal history including previous imprisonment. Specific and general deterrence were fully engaged, special circumstances were not found, and an Intensive Corrections Order was inappropriate because of the...

Jurisdiction
Australia
Judgment Date
12 February 2019
Procedural Posture
Criminal Sentence / Call Up of S 9 Bond After Admitted Breach
Outcome
s 9 bond set aside; offender sentenced to imprisonment for 18 months with a non-parole period of 13 months.
Legal Topics
['supply Prohibited Drug' 'breach of S 9 Bond' 'imprisonment' 'non Parole Period' 'intensive Corrections Order']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'breach of S 9 Bond' 'imprisonment' 'non Parole Period' 'intensive Corrections Order']

Case Brief

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Procedural Posture

Criminal Sentence / Call Up of S 9 Bond After Admitted Breach

Legal Issues

  1. 1 ['Whether to set aside the s 9 bond after the offender admitted breaching it.' 'Whether the supply offence crossed the s 5 threshold so that no sentence other than imprisonment was appropriate.' 'Whether the sentence should be served by means of an Intensive Corrections Order.' 'Whether special circumstances justified varying the ratio of the head sentence to the non-parole period.' 'What term of imprisonment and non-parole period should be imposed.']

Ratio Decidendi

The offender admitted breaching the s 9 bond. The supply offence involved possession of 14.27 grams of methylamphetamine at 80.5% purity and, although toward the bottom of the range and apparently not sold for payment, involved distribution into the community and crossed the s 5 threshold for imprisonment. The offender had failed to engage with community corrections, had not completed rehabilitation, continued to need rehabilitation, had guarded prospects of rehabilitation, and had a criminal history including previous imprisonment. Specific and general deterrence were fully engaged, special circumstances were not found, and an Intensive Corrections Order was inappropriate because of the...

Court Disposition

s 9 bond set aside; offender sentenced to imprisonment for 18 months with a non-parole period of 13 months.

Orders

  • ['The s 9 bond is set aside.' 'The offender is sentenced to imprisonment for 18 months dating from 12 February 2019.' 'A non-parole period of 13 months is fixed dating from 12 February 2019.' 'The offender will be eligible for parole on 11 March 2020.']