R v Mulligan [2019] NSWDC 325

R v Mulligan [2019] NSWDC 325

Given the offender's minor role, absence of prior convictions, low risk of reoffending, strong prospects of rehabilitation, genuine remorse, and supporting factors, together with the objective and subjective circumstances, a Community Correction Order with community service, mental health treatment, and conditions is an appropriate sentence and imprisonment is not warranted under s5.

Jurisdiction
Australia
Judgment Date
27 June 2019
Procedural Posture
Criminal / Sentence
Outcome
Community Correction Order imposed; conviction recorded; related charges dismissed under s166 certificate.
Legal Topics
['sentencing' 'drug Offences' 'knowingly Take Part in Supply' 'cocaine' 'community Correction Order']
['criminal Law'] ['sentencing' 'drug Offences' 'knowingly Take Part in Supply' 'cocaine' 'community Correction Order']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for knowingly taking part in the supply of 28.21 g of cocaine, contrary to s25(1) of the Drug Misuse and Trafficking Act 1985?' 'Whether imprisonment is the only appropriate penalty under s5 of the Crimes (Sentencing Procedure) Act 1999 for this offender.' "How the roles of the offender and co-offender affect punishment, taking into account parity and the offender's circumstances."]

Ratio Decidendi

Given the offender's minor role, absence of prior convictions, low risk of reoffending, strong prospects of rehabilitation, genuine remorse, and supporting factors, together with the objective and subjective circumstances, a Community Correction Order with community service, mental health treatment, and conditions is an appropriate sentence and imprisonment is not warranted under s5.

Court Disposition

Community Correction Order imposed; conviction recorded; related charges dismissed under s166 certificate.

Orders

  • ['The offender is convicted of the charge of knowingly take part in the supply of 28.21 grams of cocaine, contrary to section 25(1) of the DMTA.' 'A Community Correction Order relating to Mr Mulligan to commence 27 June 2019 and last for 18 months, expiring on 26 December 2020.' 'Dismissal of charges on the section...