R v TEBBUTT aka KARKOE [2015] NSWDC 323

R v TEBBUTT aka KARKOE [2015] NSWDC 323

The offender was substantially involved in the supply of amphetamine and was to supply or on-sell a substantial part of 97.4 grams of amphetamine at 38% purity. Despite mitigating factors including negligible criminal history, remorse, family responsibilities, some good character, good prospects of rehabilitation and likely reduced risk of re-offending, there were no exceptional circumstances avoiding full-time custody. Special circumstances justified a reduced non-parole period because this was his first custody, separation from family would be difficult, the head sentence would deter him, and he required an extended period of supervision and assistance on release. The proceeds offence...

Jurisdiction
Australia
Judgment Date
24 July 2015
Procedural Posture
Criminal Sentence / Sentence Following Finding of Guilt After Trial for Supply Prohibited Drug and Plea of Guilty to Related Summary Offence of Dealing With Proceeds of Crime
Outcome
Offender convicted and sentenced to imprisonment for both offences; forfeiture and drug destruction orders made.
Legal Topics
['supply Prohibited Drug' 'amphetamine' 'traffickable Quantity' 'deemed Supply' 'full Time Custody' 'non Parole Period' 'special Circumstances' 'concurrent Sentences' 'forfeiture' 'drug Destruction Order']
['criminal Law' 'sentencing' 'drug Offences' 'proceeds of Crime'] ['supply Prohibited Drug' 'amphetamine' 'traffickable Quantity' 'deemed Supply' 'full Time Custody' 'non Parole Period' 'special Circumstances' 'concurrent Sentences' 'forfeiture' 'drug Destruction Order']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Finding of Guilt After Trial for Supply Prohibited Drug and Plea of Guilty to Related Summary Offence of Dealing With Proceeds of Crime

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 97.4 grams of amphetamine, being more than the traffickable quantity.' 'What sentence should be imposed for the related summary offence of dealing with proceeds of crime involving $2,950.' "Whether the offender's involvement in drug supply required a full-time custodial sentence." 'Whether there were special circumstances warranting an adjustment of the statutory ratio between the non-parole period and the balance of sentence.' 'Whether the sentence for dealing with proceeds of crime should be concurrent with the sentence for the supply offence.']

Ratio Decidendi

The offender was substantially involved in the supply of amphetamine and was to supply or on-sell a substantial part of 97.4 grams of amphetamine at 38% purity. Despite mitigating factors including negligible criminal history, remorse, family responsibilities, some good character, good prospects of rehabilitation and likely reduced risk of re-offending, there were no exceptional circumstances avoiding full-time custody. Special circumstances justified a reduced non-parole period because this was his first custody, separation from family would be difficult, the head sentence would deter him, and he required an extended period of supervision and assistance on release. The proceeds offence...

Court Disposition

Offender convicted and sentenced to imprisonment for both offences; forfeiture and drug destruction orders made.

Orders

  • ['For the supply prohibited drug offence, the offender was convicted and sentenced to imprisonment for 3 years 9 months, commencing 24 July 2015, with a non-parole period of 1 year 6 months expiring on 23 January 2017 and a balance of sentence expiring on 23 April 2019.' 'For the summary offence of dealing with...