R v Cardamis [2017] NSWDC 399

R v Cardamis [2017] NSWDC 399

Given the offender's strong subjective circumstances, prospects of rehabilitation, and remorse, and taking into account the utilitarian discount for an early guilty plea, it is appropriate that the sentence be an intensive correction order rather than fulltime imprisonment.

Parties
Prosecution: Regina (Crown); Offender: Mark Nectarios Cardamis
Jurisdiction
Australia
Judgment Date
08 September 2017
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced
Legal Topics
Drug Supply, Sentencing, Intensive Correction Order, Drug Trafficking, Form 1 Offences
Criminal Law Drug Supply Sentencing Intensive Correction Order Drug Trafficking Form 1 Offences

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Parties

Regina (Crown)

Prosecution

Mark Nectarios Cardamis

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether full time imprisonment is required for drug supply and trafficking
  2. 2 Consideration of subjective circumstances and prospects of rehabilitation
  3. 3 Applicability of intensive correction order for trafficking offences

Ratio Decidendi

Given the offender's strong subjective circumstances, prospects of rehabilitation, and remorse, and taking into account the utilitarian discount for an early guilty plea, it is appropriate that the sentence be an intensive correction order rather than fulltime imprisonment.

Court Disposition

convicted and sentenced

Orders

  • Offender sentenced to imprisonment for one year and one month commencing 8 September 2017, to be served by way of intensive correction in the community.
  • Offender to report to Community Corrections Office in Sydney City within seven days.