R v Whitmore, Mattew [2009] NSWDC 45

R v Whitmore, Mattew [2009] NSWDC 45

Because the drugs proved to be held for supply were limited to four ecstasy tablets weighing 1.02 grams for a known end user, with no financial gain and very low objective criminality, and because the offender had no prior criminal history, pleaded guilty, was profoundly remorseful, and had compelling rehabilitation, a custodial sentence was not required and a two-year section 9 good behaviour bond with conditions was appropriate.

Jurisdiction
Australia
Judgment Date
23 January 2009
Procedural Posture
Criminal Sentencing / Sentence Following Plea of Guilty on Arraignment; Form 1 Matters Taken Into Account
Outcome
Convicted; instead of imposing imprisonment, the Court ordered a two-year section 9 good behaviour bond with conditions.
Legal Topics
['supply Prohibited Drugs' 'ecstasy' 'form 1 Matters' 'good Behaviour Bond' 'drug Induced Psychosis' 'rehabilitation']
['criminal Law' 'sentencing'] ['supply Prohibited Drugs' 'ecstasy' 'form 1 Matters' 'good Behaviour Bond' 'drug Induced Psychosis' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Plea of Guilty on Arraignment; Form 1 Matters Taken Into Account

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 1.02 grams of ecstasy to a friend or friends, with further drug possession matters taken into account on a Form 1.' 'How the objective seriousness of the supply offence should be assessed given the small quantity, absence of financial gain, supply to an end user, and Crown concession about other drugs.' "What weight should be given to the offender's subjective circumstances, including lack of prior criminal history, remorse, mental health issues, and rehabilitation."]

Ratio Decidendi

Because the drugs proved to be held for supply were limited to four ecstasy tablets weighing 1.02 grams for a known end user, with no financial gain and very low objective criminality, and because the offender had no prior criminal history, pleaded guilty, was profoundly remorseful, and had compelling rehabilitation, a custodial sentence was not required and a two-year section 9 good behaviour bond with conditions was appropriate.

Court Disposition

Convicted; instead of imposing imprisonment, the Court ordered a two-year section 9 good behaviour bond with conditions.

Orders

  • ['Matthew James Whitmore is convicted of supplying a prohibited drug, namely 3-4 methylenedioxymethylamphetamine or ecstasy, on 27 September 2007 at Surry Hills.' 'The Court takes into account the three matters on the Form 1.' 'The offender is to enter into a good behaviour bond for two years from 23 January 2009.'...