R v Selena Jahnsen [2016] NSWDC 158

R v Selena Jahnsen [2016] NSWDC 158

Given the seriousness of the offence and the evidence of indicia of supply for profit, but considering the offender's subjective circumstances, special circumstances were found and an Intensive Correction Order for 18 months was imposed instead of full-time imprisonment.

Parties
Prosecution: Director of Public Prosecutions (Crown); Offender: Selena Jahnsen
Jurisdiction
Australia
Judgment Date
05 August 2016
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Offender sentenced to Intensive Correction Order for 18 months, forfeiture of seized money, destruction of drugs and paraphernalia, charge under s 166 withdrawn and dismissed.
Legal Topics
Drug Supply, Sentencing, Intensive Correction Order
Criminal Law Drug Supply Sentencing Intensive Correction Order

Case Brief

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Parties

Director of Public Prosecutions (Crown)

Prosecution

Selena Jahnsen

Offender

Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 What is the appropriate sentence for deemed supply of methylamphetamine under s 25(1) of the Drug Misuse and Trafficking Act 1985?
  2. 2 Does the offender's subjective circumstances amount to exceptional circumstances justifying a non-custodial sentence?
  3. 3 Should an Intensive Correction Order be imposed instead of a full-time custodial sentence?

Ratio Decidendi

Given the seriousness of the offence and the evidence of indicia of supply for profit, but considering the offender's subjective circumstances, special circumstances were found and an Intensive Correction Order for 18 months was imposed instead of full-time imprisonment.

Court Disposition

Offender sentenced to Intensive Correction Order for 18 months, forfeiture of seized money, destruction of drugs and paraphernalia, charge under s 166 withdrawn and dismissed.

Orders

  • Offender to be assessed for suitability for Intensive Correction Order (ICO).
  • Matter adjourned for assessment report and sentence.