R v Malavetas, Harry [2009] NSWDC 16

R v Malavetas, Harry [2009] NSWDC 16

The objective seriousness of the offence, considering the small quantities and frequency of supply, falls in the lower range but remains serious; subjective factors, including the offender’s history and motivation to rehabilitate, warrant special circumstances. Sentence discounted for guilty plea, breach of bond aggravates criminality, and both cocaine and heroin were supplied for reward over five occasions in a thirty-day period.

Jurisdiction
Australia
Judgment Date
22 January 2009
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
['drug Supply' 'sentencing' 'objective Seriousness' 'form 1 Matters' 'entrapment' 'personal Deterrence' 'general Deterrence']
['criminal Law'] ['drug Supply' 'sentencing' 'objective Seriousness' 'form 1 Matters' 'entrapment' 'personal Deterrence' 'general Deterrence']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['assessment of objective seriousness of ongoing drug supply' 'impact of quantity and frequency of supply on sentencing' 'consideration of subjective circumstances in sentencing' 'application of Form 1 matters' 'presence or absence of entrapment' 'effect of breach of bond on sentencing']

Ratio Decidendi

The objective seriousness of the offence, considering the small quantities and frequency of supply, falls in the lower range but remains serious; subjective factors, including the offender’s history and motivation to rehabilitate, warrant special circumstances. Sentence discounted for guilty plea, breach of bond aggravates criminality, and both cocaine and heroin were supplied for reward over five occasions in a thirty-day period.

Court Disposition

conviction and sentence

Orders

  • ['Sentence to imprisonment for 2 years and 5 months with a non-parole period of 16 months from 10/12/07 to 09/04/09' 'Balance of term of 13 months expires 09/05/10' 'Order for destruction of drugs']