Regina v Jonathon Michelin [2008] NSWDC 204

Regina v Jonathon Michelin [2008] NSWDC 204

Given the offender's rehabilitation efforts, strong family support, and positive psychological reports, a full-time custodial sentence was not warranted. The objective seriousness of the offence was relatively low, there was no trafficking to a substantial degree or actual supply beyond the accomplice, and alternatives to imprisonment were unavailable. Consequently, Michelin was sentenced to eighteen months imprisonment suspended on condition of a good behaviour bond, and no action was taken on the breach of the suspended sentence bond.

Parties
Prosecutor: Regina; Offender: Jonathon Michelin
Jurisdiction
Australia
Judgment Date
08 February 2008
Procedural Posture
Criminal / Sentencing and Breach of Bond Hearing
Outcome
Sentenced to imprisonment for eighteen months, suspended on condition of good behaviour bond; no action taken on breach of bond.
Legal Topics
Sentence, Breach of Suspended Sentence, Deemed Supply of Prohibited Drug, Rehabilitation
Criminal Law Sentence Breach of Suspended Sentence Deemed Supply of Prohibited Drug Rehabilitation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Prosecutor

Jonathon Michelin

Offender

Procedural Posture

Criminal / Sentencing and Breach of Bond Hearing

Legal Issues

  1. 1 Whether to take action on the breach of suspended sentence bond
  2. 2 Appropriate sentence for supply of methylamphetamine while on conditional liberty
  3. 3 Impact of revoking the bond

Ratio Decidendi

Given the offender's rehabilitation efforts, strong family support, and positive psychological reports, a full-time custodial sentence was not warranted. The objective seriousness of the offence was relatively low, there was no trafficking to a substantial degree or actual supply beyond the accomplice, and alternatives to imprisonment were unavailable. Consequently, Michelin was sentenced to eighteen months imprisonment suspended on condition of a good behaviour bond, and no action was taken on the breach of the suspended sentence bond.

Court Disposition

Sentenced to imprisonment for eighteen months, suspended on condition of good behaviour bond; no action taken on breach of bond.

Orders

  • Imprisonment for eighteen months suspended for eighteen months conditional upon entering into a good behaviour bond for eighteen months
  • Conditions include good behaviour, appearance before the court if called, notification of change of address, supervision by Probation and Parole Service including drug counselling and screening