Albert v R [2020] NSWDC 102

Albert v R [2020] NSWDC 102

Although the appellant had previously been dealt with under s 10, this was an unusual case involving a very small quantity of cannabis, serious congenital and ongoing medical conditions, chronic pain, past self-medication with cannabis, acceptance of medical advice to abstain, and a real risk that a conviction would impede his limited employment prospects. Those circumstances justified setting aside the Local Court conviction and sentence and releasing him without conviction on a conditional release order.

Jurisdiction
Australia
Judgment Date
24 February 2020
Procedural Posture
Criminal Appeal / Severity Appeal From Sentence Imposed in the Local Court of NSW
Outcome
Appeal allowed. Conviction and sentence set aside. Appellant released without conviction on a 12-month conditional release order under s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999.
Legal Topics
['possession of Cannabis' 'severity Appeal' 'conditional Release Order' 'section 10' 'medical Circumstances' 'chronic Pain']
['criminal Law' 'sentencing'] ['possession of Cannabis' 'severity Appeal' 'conditional Release Order' 'section 10' 'medical Circumstances' 'chronic Pain']

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Procedural Posture

Criminal Appeal / Severity Appeal From Sentence Imposed in the Local Court of NSW

Legal Issues

  1. 1 ['Whether the sentence imposed by the Local Court for possession of cannabis was too severe.' 'Whether the appellant should be dealt with without conviction under s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 in light of his medical circumstances and prospects.']

Ratio Decidendi

Although the appellant had previously been dealt with under s 10, this was an unusual case involving a very small quantity of cannabis, serious congenital and ongoing medical conditions, chronic pain, past self-medication with cannabis, acceptance of medical advice to abstain, and a real risk that a conviction would impede his limited employment prospects. Those circumstances justified setting aside the Local Court conviction and sentence and releasing him without conviction on a conditional release order.

Court Disposition

Appeal allowed. Conviction and sentence set aside. Appellant released without conviction on a 12-month conditional release order under s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999.

Orders

  • ['The conviction recorded and the sentence passed by the Local Court at Sutherland on 10 October 2019 are set aside.' 'Under s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999, without proceeding to a conviction, the offender is released on a conditional release order for a period of 12 months.' 'The offender...