R v Swanton [2018] NSWDC 90

R v Swanton [2018] NSWDC 90

Although the offender's drug supply and related offences, including further offending while on bail and multiple drugs and Form 1 matters, would ordinarily warrant substantial full-time custody, her demonstrated rehabilitation, fortnightly clean urinalysis during the s 11 remand, employment and character references, remorse, guilty pleas, and the absence of opposition from either party justified referral for assessment as to suitability for an Intensive Correction Order.

Jurisdiction
Australia
Judgment Date
23 February 2018
Procedural Posture
Criminal Sentence / Referral for Assessment as to Suitability for an Intensive Correction Order
Outcome
The offender was referred for assessment as to her suitability to serve her sentence by means of an Intensive Correction Order.
Legal Topics
['supply Prohibited Drug' 'possess Prohibited Drug' 'form 1 Offences' 'intensive Correction Order Assessment' 'remand Under S 11' 'dealing With Property Suspected to Be the Proceeds of Crime']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'possess Prohibited Drug' 'form 1 Offences' 'intensive Correction Order Assessment' 'remand Under S 11' 'dealing With Property Suspected to Be the Proceeds of Crime']

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 / Referral for Assessment as to Suitability for an Intensive Correction Order

Legal Issues

  1. 1 ['Whether the offender should be referred for assessment as to her suitability to serve her sentence by means of an Intensive Correction Order.' "How the offender's guilty pleas, Form 1 offences, offending while on bail, drug rehabilitation, remorse and urinalysis results affected the sentencing course."]

Ratio Decidendi

Although the offender's drug supply and related offences, including further offending while on bail and multiple drugs and Form 1 matters, would ordinarily warrant substantial full-time custody, her demonstrated rehabilitation, fortnightly clean urinalysis during the s 11 remand, employment and character references, remorse, guilty pleas, and the absence of opposition from either party justified referral for assessment as to suitability for an Intensive Correction Order.

Court Disposition

The offender was referred for assessment as to her suitability to serve her sentence by means of an Intensive Correction Order.

Orders

  • ['The offender is referred for assessment as to her suitability to serve her sentence by means of an Intensive Correction Order.' 'The matter will come back before Berman SC DCJ on 20 April 2018.' 'Adjourned to Friday 20 April 2018.']