R v Glen Michael Rootsey [2015] NSWDC 98

R v Glen Michael Rootsey [2015] NSWDC 98

Given the ongoing supply of heroin over five months with limited sophistication, absence of commercial gain, and substantial mitigation including early plea, voluntary cessation, remorse, rehabilitation, and personal addiction, the seriousness of offending is at the lower end for offences under ss 25 and 25A of the Drug Misuse and Trafficking Act 1985. A period of imprisonment is required for both offences but, for the more serious, suspension is appropriate due to special circumstances including rehabilitation prospects. The offender is also subject to a proceeds of crime order for sums involved.

Parties
Prosecutor: Director of Public Prosecutions (Crown Solicitor); Offender: Glen Michael Rootsey
Jurisdiction
Australia
Judgment Date
19 June 2015
Procedural Posture
Criminal Sentence / Sentencing
Outcome
Offender convicted; imprisoned 18 months for ongoing supply (sentence suspended); imprisoned 148 days for single supply (time served); orders for repayment of proceeds of crime; three backup charges dismissed.
Legal Topics
Ongoing Supply of Prohibited Drugs, Supply of Prohibited Drugs, Sentencing
Criminal Law Ongoing Supply of Prohibited Drugs Supply of Prohibited Drugs Sentencing

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Parties

Director of Public Prosecutions (Crown Solicitor)

Prosecutor

Glen Michael Rootsey

Offender

Procedural Posture

Criminal Sentence / Sentencing

Legal Issues

  1. 1 Appropriate sentence for ongoing and single-instance supply of prohibited drugs
  2. 2 Mitigating and aggravating factors in drug supply sentencing
  3. 3 Application of discount for plea of guilty

Ratio Decidendi

Given the ongoing supply of heroin over five months with limited sophistication, absence of commercial gain, and substantial mitigation including early plea, voluntary cessation, remorse, rehabilitation, and personal addiction, the seriousness of offending is at the lower end for offences under ss 25 and 25A of the Drug Misuse and Trafficking Act 1985. A period of imprisonment is required for both offences but, for the more serious, suspension is appropriate due to special circumstances including rehabilitation prospects. The offender is also subject to a proceeds of crime order for sums involved.

Court Disposition

Offender convicted; imprisoned 18 months for ongoing supply (sentence suspended); imprisoned 148 days for single supply (time served); orders for repayment of proceeds of crime; three backup charges dismissed.

Orders

  • Convicted of offence under s 25A(1) Drug Misuse and Trafficking Act 1985; sentenced to 18 months imprisonment, sentence suspended under s 12 Crimes (Sentencing Procedure) Act 1999, subject to bond for good behaviour and compliance with community corrections.
  • Convicted of offence under s 25(1) Drug Misuse and Trafficking Act 1985; sentenced to 148 days imprisonment (time served).