R v Swanton [2017] NSWDC 226

R v Swanton [2017] NSWDC 226

The appropriate sentence for serious drug supply offences is ordinarily full time custody, but assessment of rehabilitation and abstinence from drug use may influence sentencing; the matter was remanded under s 11 for further evidence.

Jurisdiction
Australia
Judgment Date
26 May 2017
Procedural Posture
Criminal / Sentence Remand
Outcome
Remanded under s 11 of the Crimes (Sentencing Procedure) Act for further assessment
Legal Topics
['drug Possession for the Purposes of Supply' 'sentencing' 'rehabilitation']
['criminal Law'] ['drug Possession for the Purposes of Supply' 'sentencing' 'rehabilitation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentence Remand

Legal Issues

  1. 1 ['Appropriate sentence for drug possession for the purposes of supply' 'Consideration of rehabilitation in sentencing' 'Conditions for bail under s 11 of the Crimes (Sentencing Procedure) Act']

Ratio Decidendi

The appropriate sentence for serious drug supply offences is ordinarily full time custody, but assessment of rehabilitation and abstinence from drug use may influence sentencing; the matter was remanded under s 11 for further evidence.

Court Disposition

Remanded under s 11 of the Crimes (Sentencing Procedure) Act for further assessment

Orders

  • ['Swanton remanded to 23 February 2018' 'Swanton to use no illegal drugs' 'Swanton to be supervised by Probation and Parole Service' 'Swanton to undergo at least fortnightly urinalysis, results to be provided to the court' 'Swanton may request relaxation of urinalysis frequency if clean reports and testing is cost...