R v Ayres [2019] NSWDC 193

R v Ayres [2019] NSWDC 193

The offences were below the mid-range of objective seriousness but involved significant quantities, high purity, financial motivation, and repeated street-level supply. The offender's addiction reduced moral culpability, his early guilty pleas warranted a 25% discount, and his remorse and rehabilitation prospects justified leniency and special circumstances, but general deterrence, community protection, specific deterrence, and totality required an aggregate custodial sentence.

Jurisdiction
Australia
Judgment Date
07 May 2019
Procedural Posture
Criminal Sentencing for Supply Prohibited Drug Offences / Sentence After Guilty Plea
Outcome
The offender was convicted and sentenced to an aggregate term of 3 years imprisonment with a non-parole period of 18 months.
Legal Topics
['supply Prohibited Drug' 'form 1 Matters' 'methylamphetamine' 'gamma Butyrolactone' 'proceeds of Crime' 'guilty Plea Discount' 'aggregate Sentence' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing' 'drug Offences'] ['supply Prohibited Drug' 'form 1 Matters' 'methylamphetamine' 'gamma Butyrolactone' 'proceeds of Crime' 'guilty Plea Discount' 'aggregate Sentence' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing for Supply Prohibited Drug Offences / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for two counts of supply a prohibited drug involving 84.08 grams and 27.09 grams of methylamphetamine.' 'What weight should be given to the Form 1 matters of supplying 55.3g of gamma butyrolactone and dealing with property proceeds of crime of $4900 cash.' "What discount should be allowed for the offender's early guilty pleas." "How the offender's drug addiction, remorse, rehabilitation prospects, prior offending, and the requirements of general and specific deterrence should affect sentence." 'Whether special circumstances justified an increased period of supervision on parole.']

Ratio Decidendi

The offences were below the mid-range of objective seriousness but involved significant quantities, high purity, financial motivation, and repeated street-level supply. The offender's addiction reduced moral culpability, his early guilty pleas warranted a 25% discount, and his remorse and rehabilitation prospects justified leniency and special circumstances, but general deterrence, community protection, specific deterrence, and totality required an aggregate custodial sentence.

Court Disposition

The offender was convicted and sentenced to an aggregate term of 3 years imprisonment with a non-parole period of 18 months.

Orders

  • ['The offender is convicted and sentenced to 3 years imprisonment.' 'The sentence is to commence on 31 May 2018 and will expire on 30 May 2021.' 'A non-parole period of 18 months is set to commence on 31 May 2018 and expire on 30 November 2019.' 'The offender will be eligible for parole on 30 November 2019.']