R v Battersby [2016] NSWDC 403

R v Battersby [2016] NSWDC 403

The offender's possession of 223.4 grams of methylamphetamine packaged for supply, almost $90,000 cash, four mobile telephones and empty resealable bags showed substantial drug trafficking and did not justify sentencing him as a mere courier. Full-time imprisonment was required, but the aggregate sentence was moderated by the early guilty pleas, first custody, risk of protective custody conditions, remorse, good prospects of rehabilitation and special circumstances requiring extended parole supervision.

Jurisdiction
Australia
Judgment Date
10 November 2016
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas in the Local Court
Outcome
Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 2 years and a head sentence of 3.5 years; for the 2 offences on the s 166 certificate, concurrent fixed terms of 6 months imprisonment were imposed.
Legal Topics
['supply Prohibited Drug' 'knowingly Deal With the Proceeds of Crime' 'sentencing' 'aggregate Sentence' 'early Guilty Plea Discount' 'general Deterrence' 'special Circumstances']
['criminal Law'] ['supply Prohibited Drug' 'knowingly Deal With the Proceeds of Crime' 'sentencing' 'aggregate Sentence' 'early Guilty Plea Discount' 'general Deterrence' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 223.4 grams of methylamphetamine and knowingly dealing with almost $90,000 in proceeds of crime.' 'Whether the offender should be sentenced on the basis that he was a mere courier.' "Whether the offender's early guilty pleas, first time in custody, protective custody risk, remorse, prospects of rehabilitation and need for supervision on parole justified moderation of the sentence."]

Ratio Decidendi

The offender's possession of 223.4 grams of methylamphetamine packaged for supply, almost $90,000 cash, four mobile telephones and empty resealable bags showed substantial drug trafficking and did not justify sentencing him as a mere courier. Full-time imprisonment was required, but the aggregate sentence was moderated by the early guilty pleas, first custody, risk of protective custody conditions, remorse, good prospects of rehabilitation and special circumstances requiring extended parole supervision.

Court Disposition

Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 2 years and a head sentence of 3.5 years; for the 2 offences on the s 166 certificate, concurrent fixed terms of 6 months imprisonment were imposed.

Orders

  • ['For knowingly dealing with the proceeds of crime, the indicative sentence would have been 18 months imprisonment.' 'For supplying methylamphetamine, the indicative sentence would have been 3 years imprisonment.' 'An aggregate sentence was imposed consisting of a non-parole period of 2 years with a head sentence of...