R v Darren Andrew COLE [2008] NSWDC 126

R v Darren Andrew COLE [2008] NSWDC 126

This is not an exceptional case justifying anything other than full-time imprisonment because, although the offender suffered trauma and began using drugs, his decision to supply drugs was motivated partly by profit and he was trafficking to a substantial degree; thus, a custodial sentence is required.

Jurisdiction
Australia
Judgment Date
01 May 2008
Procedural Posture
Criminal / Sentence
Outcome
offender sentenced to imprisonment with non-parole period of twelve months and head sentence of two years and three months; parole release set
Legal Topics
['sentence' 'supply Prohibited Drug' 'trafficking to a Substantial Degree' 'full Admissions' 'emotional Trauma' 'post Traumatic Stress']
['criminal Law'] ['sentence' 'supply Prohibited Drug' 'trafficking to a Substantial Degree' 'full Admissions' 'emotional Trauma' 'post Traumatic Stress']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for supply of prohibited drug (amphetamine/Ice) involving trafficking to a substantial degree' 'Whether exceptional circumstances exist to justify a sentence other than full-time imprisonment']

Ratio Decidendi

This is not an exceptional case justifying anything other than full-time imprisonment because, although the offender suffered trauma and began using drugs, his decision to supply drugs was motivated partly by profit and he was trafficking to a substantial degree; thus, a custodial sentence is required.

Court Disposition

offender sentenced to imprisonment with non-parole period of twelve months and head sentence of two years and three months; parole release set

Orders

  • ['non-parole period of twelve months commencing 1 May 2008' 'head sentence of two years and three months imprisonment' 'release to parole on 30 April 2009' 'forfeiture of cash of $4,290' 'destruction of the drugs']