R v Warren [2019] NSWDC 820

R v Warren [2019] NSWDC 820

For multiple significant drug supply offences and participation in a criminal group, where the offender has demonstrated extraordinary rehabilitation and completed a lengthy drug program, an aggregate sentence—substantially accounting for pre-sentence custody and quasi-custody—must still include a period of full-time custody to adequately reflect the seriousness of the offending, denounce the conduct, and provide for general deterrence, even though the prospects of rehabilitation are very strong.

Jurisdiction
Australia
Judgment Date
15 November 2019
Procedural Posture
Criminal / Sentencing
Outcome
Convicted, aggregate sentence of 4 years 2 months imprisonment with non-parole period of 2 years 2 months.
Legal Topics
['sentencing' 'drug Offences' 'supply of Prohibited Drug' 'rehabilitation' 'non Parole Period']
['criminal Law'] ['sentencing' 'drug Offences' 'supply of Prohibited Drug' 'rehabilitation' 'non Parole Period']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for multiple drug supply offences and participation in a criminal group' 'Weight to be given to rehabilitation and progress in drug program' 'Proper accommodation for time served in custody and quasi-custody' 'Whether an Intensive Correction Order would adequately reflect the seriousness of the offending']

Ratio Decidendi

For multiple significant drug supply offences and participation in a criminal group, where the offender has demonstrated extraordinary rehabilitation and completed a lengthy drug program, an aggregate sentence—substantially accounting for pre-sentence custody and quasi-custody—must still include a period of full-time custody to adequately reflect the seriousness of the offending, denounce the conduct, and provide for general deterrence, even though the prospects of rehabilitation are very strong.

Court Disposition

Convicted, aggregate sentence of 4 years 2 months imprisonment with non-parole period of 2 years 2 months.

Orders

  • ['Conviction on all counts, taking Form 1 offences into account' 'Principal offence: 3 years 9 months with non-parole period of 2 years' 'Other matters: 2 years each' 'Aggregate sentence: 4 years 2 months' 'Non-parole period: 2 years 2 months' 'Sentence dated from 3 October 2018 (allowing 408 days for...