R v Grant DURRINGTON; R v Matthew John CORBY [2008] NSWDC 362

R v Grant DURRINGTON; R v Matthew John CORBY [2008] NSWDC 362

Despite the seriousness of knowingly taking part in the supply of a prohibited drug, the low objective seriousness of the offences, absence of aggravating factors, early guilty pleas, lack of criminal history, and strong prospects for rehabilitation justify the imposition of s 9 good behaviour bonds instead of sentences of imprisonment for both accused.

Jurisdiction
Australia
Judgment Date
31 July 2008
Procedural Posture
Criminal / Sentencing
Outcome
Good behaviour bond for period of 3 years for both accused under s 9 of the Crimes (Sentencing Procedure) Act 1999.
Legal Topics
['sentencing' 'drug Offences' 'knowingly Taking Part in Supply of Prohibited Drug' 'good Behaviour Bond']
['criminal Law'] ['sentencing' 'drug Offences' 'knowingly Taking Part in Supply of Prohibited Drug' 'good Behaviour Bond']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for each accused who pleaded guilty to knowingly taking part in supply of a prohibited drug under s 25(1) of the Drug Misuse and Trafficking Act 1985?']

Ratio Decidendi

Despite the seriousness of knowingly taking part in the supply of a prohibited drug, the low objective seriousness of the offences, absence of aggravating factors, early guilty pleas, lack of criminal history, and strong prospects for rehabilitation justify the imposition of s 9 good behaviour bonds instead of sentences of imprisonment for both accused.

Court Disposition

Good behaviour bond for period of 3 years for both accused under s 9 of the Crimes (Sentencing Procedure) Act 1999.

Orders

  • ['Matthew John Corby to enter into a good behaviour bond for a period of three years with conditions: remain of good behaviour, appear before the court if called upon, notify the court of any change of residential address.' 'Grant Durrington to enter into a good behaviour bond for a period of three years with...