R v Michael TRELEAVAN [2010] NSWDC 235

R v Michael TRELEAVAN [2010] NSWDC 235

Given the objective seriousness was below the middle of the range, but the offender's criminal record and the fact the offence was committed while on conditional liberty warranted fulltime custody and a head sentence of three years and nine months for ongoing supply, with a non-parole period of two years as special circumstances justified a downward adjustment.

Parties
Prosecution: Regina; Defendant: Michael Treleavan
Jurisdiction
Australia
Judgment Date
22 June 2010
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment
Legal Topics
Sentencing, Ongoing Supply of a Prohibited Drug, Dealing With Proceeds of Crime
Criminal Law Sentencing Ongoing Supply of a Prohibited Drug Dealing With Proceeds of Crime

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Parties

Regina

Prosecution

Michael Treleavan

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for ongoing supply of a prohibited drug?
  2. 2 What is the appropriate sentence for knowingly dealing with proceeds of crime?
  3. 3 Are there special circumstances justifying a reduction in the non-parole period?

Ratio Decidendi

Given the objective seriousness was below the middle of the range, but the offender's criminal record and the fact the offence was committed while on conditional liberty warranted fulltime custody and a head sentence of three years and nine months for ongoing supply, with a non-parole period of two years as special circumstances justified a downward adjustment.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • For ongoing supply of a prohibited drug: Non-parole period of 2 years from 26 November 2009, balance of term 1 year 9 months, total 3 years 9 months imprisonment.
  • For proceeds of crime: Fixed term of 18 months imprisonment from 26 November 2009, to expire 25 May 2011, to run concurrently.