R v Walker [2019] NSWDC 554

R v Walker [2019] NSWDC 554

The supply of methylamphetamine, including both profit and personal use, is objectively serious and warrants a substantial custodial sentence; an ICO was not appropriate given the facts. Special circumstances were found, justifying a parole period shorter than usual.

Jurisdiction
Australia
Judgment Date
02 August 2019
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
aggregate sentence of imprisonment with parole
Legal Topics
['sentencing' 'drug Supply' 'plea Mitigation' 'special Circumstances' 'intensive Corrections Order (ico)']
['criminal Law'] ['sentencing' 'drug Supply' 'plea Mitigation' 'special Circumstances' 'intensive Corrections Order (ico)']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 ['appropriate sentence for multiple drug supply offences' 'consideration of Intensive Corrections Order (ICO)' 'assessment of mitigating factors and special circumstances' "impact of offender's addiction and rehabilitation prospects"]

Ratio Decidendi

The supply of methylamphetamine, including both profit and personal use, is objectively serious and warrants a substantial custodial sentence; an ICO was not appropriate given the facts. Special circumstances were found, justifying a parole period shorter than usual.

Court Disposition

aggregate sentence of imprisonment with parole

Orders

  • ['Aggregate sentence of three years imprisonment' 'Non-parole period of two years' 'Sentence dates from 29 April 2018' 'Eligible for parole on 28 April 2020' 'Parole period of one year reflecting special circumstances' 'Drug destruction order made' 'Forfeiture order made' 'Backup offences withdrawn and dismissed']