R v CHIA [2011] NSWDC 237

R v CHIA [2011] NSWDC 237

The offender supplied ecstasy and possessed further ecstasy for supply, but his conduct occurred on one occasion and was not trafficking to a substantial degree. Although a suspended sentence was available, an element of punishment was required; full-time custody was not required. The appropriate course was imprisonment with concurrent terms and referral for assessment as to suitability to serve the sentences by way of home detention.

Jurisdiction
Australia
Judgment Date
02 December 2011
Procedural Posture
Criminal Sentence / Sentence
Outcome
Offender sentenced to imprisonment for two supply prohibited drug offences, with sentences to be served concurrently, and referred for assessment for home detention; bail continued pending assessment and matter adjourned.
Legal Topics
['supply Prohibited Drug' 'possession for the Purpose of Supply' 'proceeds of Crime' 'ecstasy' 'cannabis Leaf' 'home Detention' 'form 1 Matters']
['criminal Law'] ['supply Prohibited Drug' 'possession for the Purpose of Supply' 'proceeds of Crime' 'ecstasy' 'cannabis Leaf' 'home Detention' 'form 1 Matters']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for the actual supply of six ecstasy tablets to Alistair Ross.' 'What sentence should be imposed for possession of 49.5 ecstasy tablets for the purpose of supply, taking Form 1 matters into account.' 'Whether the offender should receive full-time custody, a suspended sentence, or be assessed for home detention.']

Ratio Decidendi

The offender supplied ecstasy and possessed further ecstasy for supply, but his conduct occurred on one occasion and was not trafficking to a substantial degree. Although a suspended sentence was available, an element of punishment was required; full-time custody was not required. The appropriate course was imprisonment with concurrent terms and referral for assessment as to suitability to serve the sentences by way of home detention.

Court Disposition

Offender sentenced to imprisonment for two supply prohibited drug offences, with sentences to be served concurrently, and referred for assessment for home detention; bail continued pending assessment and matter adjourned.

Orders

  • ['For the first offence of supply prohibited drug, the offender is sentenced to a fixed term of imprisonment for 3 months.' 'For the second offence of supply prohibited drug, taking into account matters on a Form 1, a non-parole period of 6 months and a period of eligibility for parole of 6 months are imposed,...