R v Raymond John CADD [2007] NSWDC 244

R v Raymond John CADD [2007] NSWDC 244

The offender's repeated supply of prohibited drugs, including cannabis and methylamphetamine, after prior imprisonment for drug supply, and his status as a non-user dealer supplying solely for money, required a substantial custodial sentence. His early guilty pleas warranted a 25 per cent discount and allowances were made for depression, pain and harsher custody conditions, but special circumstances were not found because an extended parole period had no utility and any lower non-parole period would fail to reflect the objective gravity of the conduct.

Jurisdiction
Australia
Judgment Date
30 October 2007
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
On each count, the offender was sentenced to imprisonment with a non-parole period of three years and a head sentence of four years, to be served wholly concurrently.
Legal Topics
['supply Prohibited Drug' 'methylamphetamine' 'cannabis' 'prior Convictions' 'personal Deterrence' 'depression' 'guilty Plea']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'methylamphetamine' 'cannabis' 'prior Convictions' 'personal Deterrence' 'depression' 'guilty Plea']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for supplying prohibited drugs involving cannabis and methylamphetamine.' "How the offender's prior drug supply convictions and continuing disobedience of the law should affect sentence." "Whether the offender's guilty pleas, depression, pain medication difficulties in custody, and personal circumstances mitigated sentence." 'Whether special circumstances should be found.']

Ratio Decidendi

The offender's repeated supply of prohibited drugs, including cannabis and methylamphetamine, after prior imprisonment for drug supply, and his status as a non-user dealer supplying solely for money, required a substantial custodial sentence. His early guilty pleas warranted a 25 per cent discount and allowances were made for depression, pain and harsher custody conditions, but special circumstances were not found because an extended parole period had no utility and any lower non-parole period would fail to reflect the objective gravity of the conduct.

Court Disposition

On each count, the offender was sentenced to imprisonment with a non-parole period of three years and a head sentence of four years, to be served wholly concurrently.

Orders

  • ['On each count, the offender is sentenced to imprisonment.' 'A non-parole period of three years is set to date from 27 February 2007.' 'A head sentence of four years is imposed.' 'The non-parole period will expire on 26 February 2010, on which day the offender is eligible to be released to parole.' 'The sentences...