R v Rede [2018] NSWDC 444

R v Rede [2018] NSWDC 444

The offender was found to have supplied a prohibited drug on three occasions over thirty days, with no aggravating circumstances present and mitigating factors including remorse, guilty plea, and rehabilitation efforts; an intensive corrections order was not available due to assessment, and given the seriousness of the offending, only a custodial sentence was appropriate, with a non parole period reflecting special circumstances and a discount for an early guilty plea.

Jurisdiction
Australia
Judgment Date
14 September 2018
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced to imprisonment
Legal Topics
['drug Supply' 'sentencing' 'intensive Corrections Order' 'rehabilitation' 'parole']
['criminal Law'] ['drug Supply' 'sentencing' 'intensive Corrections Order' 'rehabilitation' 'parole']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for ongoing supply of prohibited drug under s25A(1) Drug Misuse and Trafficking Act 1985' 'Consideration of intensive corrections order suitability' 'Assessment of aggravating and mitigating factors' 'Application of sentencing principles and proportionality' 'Entitlement to sentencing discount for guilty plea']

Ratio Decidendi

The offender was found to have supplied a prohibited drug on three occasions over thirty days, with no aggravating circumstances present and mitigating factors including remorse, guilty plea, and rehabilitation efforts; an intensive corrections order was not available due to assessment, and given the seriousness of the offending, only a custodial sentence was appropriate, with a non parole period reflecting special circumstances and a discount for an early guilty plea.

Court Disposition

convicted and sentenced to imprisonment

Orders

  • ['Convicted of ongoing supply of prohibited drug under s25A(1) Drug Misuse and Trafficking Act 1985' 'Sentence: 12 months imprisonment (head sentence) commencing 12 September 2018, with a non parole period of 8 months expiring 11 May 2019' 'Release on parole on 11 May 2019 subject to good behaviour']