R v Thompson [2019] NSWDC 19

R v Thompson [2019] NSWDC 19

Given the significant but not extreme seriousness of the three supply offences, the offender's deprived background, mental health and substance abuse history, his rehabilitation efforts and support structures, and community safety as paramount, the aggregate sentence of three years is appropriate and can be served by way of an Intensive Correction Order subject to specified conditions, rather than full-time custody.

Jurisdiction
Australia
Judgment Date
14 February 2019
Procedural Posture
Criminal / Sentence
Outcome
convicted, sentenced to three-year Intensive Correction Order
Legal Topics
['deemed Supply of Prohibited Drugs' 'sentencing' 'intensive Correction Order']
['criminal Law'] ['deemed Supply of Prohibited Drugs' 'sentencing' 'intensive Correction Order']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for multiple offences of deemed supply of prohibited drugs under s.25(1) of the Drug Misuse and Trafficking Act 1985?' "Does the offender's deprived background, mental health, and rehabilitation progress affect sentencing?" 'Is an Intensive Correction Order suitable given objective and subjective circumstances?']

Ratio Decidendi

Given the significant but not extreme seriousness of the three supply offences, the offender's deprived background, mental health and substance abuse history, his rehabilitation efforts and support structures, and community safety as paramount, the aggregate sentence of three years is appropriate and can be served by way of an Intensive Correction Order subject to specified conditions, rather than full-time custody.

Court Disposition

convicted, sentenced to three-year Intensive Correction Order

Orders

  • ['Convicted of supply prohibited drug offences—103.27g methylamphetamine, 81.85g MDMA, 9.59g MDA under s.25(1) DMTA' 'Aggregate term of imprisonment of 3 years imposed' 'Sentence to be served by Intensive Correction Order commencing 14 February 2019' 'Report to Community Corrections Office at Sydney within 7 days'...