R v Ross [2019] NSWDC 115

R v Ross [2019] NSWDC 115

Although the offending involved repeated methylamphetamine supplies for financial gain, including from the offender's home where her child lived, her moral culpability was significantly reduced by long-term drug addiction, her deprived background was entitled to full weight, she pleaded guilty at the earliest opportunity, had spent 8 months and 5 days in custody, and had engaged with rehabilitation. His Honour did not accept that the s 5 imprisonment threshold had been crossed and imposed a Community Correction Order with conditions directed to work, supervision, rehabilitation and abstinence from illicit drugs.

Jurisdiction
Australia
Judgment Date
12 April 2019
Procedural Posture
Criminal Sentencing for Drug Offences / Sentence
Outcome
The offender was convicted and placed on a Community Correction Order for 2 years commencing 12 April 2019.
Legal Topics
['supply Prohibited Drug' 'supply Prohibited Drug on an Ongoing Basis' 'community Correction Order' 'drug Addiction and Moral Culpability' 'pre Sentence Detention' 'early Guilty Plea']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'supply Prohibited Drug on an Ongoing Basis' 'community Correction Order' 'drug Addiction and Moral Culpability' 'pre Sentence Detention' 'early Guilty Plea']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing for Drug Offences / Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for supply of a prohibited drug and ongoing supply of a prohibited drug.' 'Whether the threshold in s 5 of the Crimes (Sentencing Procedure) Act 1999 for imprisonment had been crossed.' "Whether the offender's drug addiction, deprived background, early plea, pre-sentence custody and rehabilitation prospects warranted a community based sentence."]

Ratio Decidendi

Although the offending involved repeated methylamphetamine supplies for financial gain, including from the offender's home where her child lived, her moral culpability was significantly reduced by long-term drug addiction, her deprived background was entitled to full weight, she pleaded guilty at the earliest opportunity, had spent 8 months and 5 days in custody, and had engaged with rehabilitation. His Honour did not accept that the s 5 imprisonment threshold had been crossed and imposed a Community Correction Order with conditions directed to work, supervision, rehabilitation and abstinence from illicit drugs.

Court Disposition

The offender was convicted and placed on a Community Correction Order for 2 years commencing 12 April 2019.

Orders

  • ['The Offender is convicted.' 'The offender is placed on a Community Correction Order for 2 years, commencing from 12 April 2019.' 'The offender must not commit any offence.' 'The offender must attend court if called upon.' 'The offender is to perform 300 hours of community work.' 'The offender must submit to...