R v Fossey [2014] NSWDC 49

R v Fossey [2014] NSWDC 49

Given that the supply occurred on a single occasion, involved a relatively small quantity, and the offender's role was limited to delivery, it was not trafficking to a substantial degree; therefore, exceptional circumstances need not be demonstrated to avoid full-time custody. A sentence of imprisonment is required, but may be served by means of an Intensive Corrections Order if the offender is assessed as suitable.

Jurisdiction
Australia
Judgment Date
27 March 2014
Procedural Posture
Criminal / Sentence
Outcome
Offender referred for assessment for Intensive Corrections Order; bail continued; sentence likely two years or less.
Legal Topics
['drug Supply' 'sentencing' 'intensive Corrections Order' 'general Deterrence']
['criminal Law'] ['drug Supply' 'sentencing' 'intensive Corrections Order' 'general Deterrence']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for drug supply where offender acted as delivery person' 'Whether exceptional circumstances or trafficking to a substantial degree required for full time custody' 'Applicability of Intensive Corrections Order']

Ratio Decidendi

Given that the supply occurred on a single occasion, involved a relatively small quantity, and the offender's role was limited to delivery, it was not trafficking to a substantial degree; therefore, exceptional circumstances need not be demonstrated to avoid full-time custody. A sentence of imprisonment is required, but may be served by means of an Intensive Corrections Order if the offender is assessed as suitable.

Court Disposition

Offender referred for assessment for Intensive Corrections Order; bail continued; sentence likely two years or less.

Orders

  • ['Offender is referred for assessment as to suitability for Intensive Corrections Order.' 'Bail continued to 23 May 2014 for assessment report and further hearing.' 'Order for transcript of remarks.' 'Matter on 166 certificate taken into account on Form 1.']