R v Jenkinson (No. 3) [2023] NSWDC 120

R v Jenkinson (No. 3) [2023] NSWDC 120

Although the supply and proceeds offences were at the lower end of objective seriousness and the offender's moral culpability was diminished, no sentence other than imprisonment was appropriate for the commercial supply of psilocybin and dealing with suspected proceeds. Given the offender's youth, lack of prior record, low risk of reoffending, remorse, rehabilitation, facilitation of justice, guilty pleas to two offences, significant but not quasi-custodial bail restrictions, and community safety considerations, the aggregate term of 2 years 6 months could appropriately be served in the community by way of an intensive correction order. No penalty was imposed for the cannabis possession...

Jurisdiction
Australia
Judgment Date
13 October 2022
Procedural Posture
Criminal Sentence / Sentencing After Judge Alone Finding of Guilt on Supply Charge and Guilty Pleas to Dealing With Proceeds of Crime and Possess Prohibited Drug Charges
Outcome
Offender convicted on all three offences and sentenced to an aggregate term of imprisonment of 2 years 6 months to be served by way of an intensive correction order; no penalty imposed for the cannabis possession offence.
Legal Topics
['supply Prohibited Drug in Commercial Quantity' 'money Laundering or Dealing With Suspected Proceeds of Crime' 'possess Prohibited Drug' 'intensive Correction Orders' 'guilty Plea Discount' 'standard Non Parole Period Offences']
['criminal Law' 'sentencing'] ['supply Prohibited Drug in Commercial Quantity' 'money Laundering or Dealing With Suspected Proceeds of Crime' 'possess Prohibited Drug' 'intensive Correction Orders' 'guilty Plea Discount' 'standard Non Parole Period Offences']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Judge Alone Finding of Guilt on Supply Charge and Guilty Pleas to Dealing With Proceeds of Crime and Possess Prohibited Drug Charges

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 98 grams of psilocybin, dealing with $2,390 suspected to be proceeds of crime, and possessing 1.3 grams of cannabis.' "Whether the offender's bail conditions amounted to quasi-custody or otherwise mitigated sentence." 'Whether no sentence other than imprisonment was appropriate, and whether any imprisonment could be served by way of an intensive correction order.' "How the offender's youth, lack of criminal record, mental health, remorse, rehabilitation prospects, guilty pleas and facilitation of justice affected sentence."]

Ratio Decidendi

Although the supply and proceeds offences were at the lower end of objective seriousness and the offender's moral culpability was diminished, no sentence other than imprisonment was appropriate for the commercial supply of psilocybin and dealing with suspected proceeds. Given the offender's youth, lack of prior record, low risk of reoffending, remorse, rehabilitation, facilitation of justice, guilty pleas to two offences, significant but not quasi-custodial bail restrictions, and community safety considerations, the aggregate term of 2 years 6 months could appropriately be served in the community by way of an intensive correction order. No penalty was imposed for the cannabis possession...

Court Disposition

Offender convicted on all three offences and sentenced to an aggregate term of imprisonment of 2 years 6 months to be served by way of an intensive correction order; no penalty imposed for the cannabis possession offence.

Orders

  • ['For the supply commercial quantity prohibited drug offence, the court indicated a sentence of 2 years and 3 months with a non-parole period of 1 year.' 'For dealing with the proceeds of crime, the court indicated a sentence of 11 months after a 25% discount for the guilty plea.' 'For possess cannabis, no penalty...