R v Troy Rhodes [2017] NSWDC 125

R v Troy Rhodes [2017] NSWDC 125

The offender's drug supply offending was serious, involved quantities above the indictable quantity, indicia of supply and proceeds of drug sales, and occurred while he was on bail and a s 9 bond. His criminal history disentitled him to leniency and general and specific deterrence required a full-time custodial sentence. However, his guilty pleas warranted a 15% discount, his rehabilitation prospects and need for relapse prevention and domestic violence or anger management assistance justified special circumstances, and totality required only moderate accumulation on his existing domestic violence sentences. An aggregate sentence of 3 years imprisonment with a non-parole period of 1 year...

Jurisdiction
Australia
Judgment Date
26 May 2017
Procedural Posture
Criminal Sentence / Sentence Hearing After Pleas of Guilty to Two Indictment Charges With Related Offences on a S 166 Certificate
Outcome
Full-time custodial sentence imposed; offender convicted of the indictment offences and related offences; aggregate sentence imposed; cash forfeited and prohibited drugs ordered destroyed.
Legal Topics
['supply Prohibited Drugs' 'aggregate Sentence' 'guilty Plea Discount' 'special Circumstances' 'conditional Liberty' 'totality' 'forfeiture of Cash']
['criminal Law' 'sentencing' 'drug Offences' 'proceeds of Crime'] ['supply Prohibited Drugs' 'aggregate Sentence' 'guilty Plea Discount' 'special Circumstances' 'conditional Liberty' 'totality' 'forfeiture of Cash']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Hearing After Pleas of Guilty to Two Indictment Charges With Related Offences on a S 166 Certificate

Legal Issues

  1. 1 ['What sentence should be imposed for two offences of supplying prohibited drugs and related offences on a s 166 certificate.' 'Whether an aggregate sentence was appropriate.' "What discount should be allowed for the offender's pleas of guilty." 'Whether special circumstances should be found under s 44 of the Crimes (Sentencing Procedure) Act 1999.' 'Whether the sentence should be accumulated in part on existing sentences for domestic violence offences.' 'Whether cash suspected to be proceeds of crime should be forfeited.']

Ratio Decidendi

The offender's drug supply offending was serious, involved quantities above the indictable quantity, indicia of supply and proceeds of drug sales, and occurred while he was on bail and a s 9 bond. His criminal history disentitled him to leniency and general and specific deterrence required a full-time custodial sentence. However, his guilty pleas warranted a 15% discount, his rehabilitation prospects and need for relapse prevention and domestic violence or anger management assistance justified special circumstances, and totality required only moderate accumulation on his existing domestic violence sentences. An aggregate sentence of 3 years imprisonment with a non-parole period of 1 year...

Court Disposition

Full-time custodial sentence imposed; offender convicted of the indictment offences and related offences; aggregate sentence imposed; cash forfeited and prohibited drugs ordered destroyed.

Orders

  • ['The offender is convicted of Count 1: on 15 January 2016 at Wagga Wagga, supplied a prohibited drug, namely methylamphetamine, in amount of 54.21 grams, pursuant to s 25(1) and s 29 of the DMTA.' 'The offender is convicted of Count 2: on 15 January 2016 at Wagga Wagga, supplied a prohibited drug, namely...