R v CV [2010] NSWDC 36

R v CV [2010] NSWDC 36

Sentences were determined with reference to the objective criminality falling below the mid-range in relation to the commercial quantity charge, consideration of aggravating and mitigating factors, application of significant discount for plea of guilty and assistance, and recognition of special circumstances. The standard non-parole period did not apply due to these findings and further because of the plea of guilty. Partial cumulation was ordered for two of the fixed terms, and parole with recommendation for rehabilitation was granted.

Jurisdiction
Australia
Judgment Date
28 January 2010
Procedural Posture
Criminal / Sentence
Outcome
convicted
Legal Topics
['sentencing' 'drug Offences' 'proceeds of Crime' 'parole' 'supply Prohibited Drugs']
['criminal Law'] ['sentencing' 'drug Offences' 'proceeds of Crime' 'parole' 'supply Prohibited Drugs']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for supply of prohibited drugs' 'Consideration of commercial quantity and objective criminality' 'Impact of Form 1 matters on sentencing' 'Application of standard non-parole period' 'Aggravation due to breach of parole' 'Consideration of subjective mitigating and aggravating factors']

Ratio Decidendi

Sentences were determined with reference to the objective criminality falling below the mid-range in relation to the commercial quantity charge, consideration of aggravating and mitigating factors, application of significant discount for plea of guilty and assistance, and recognition of special circumstances. The standard non-parole period did not apply due to these findings and further because of the plea of guilty. Partial cumulation was ordered for two of the fixed terms, and parole with recommendation for rehabilitation was granted.

Court Disposition

convicted

Orders

  • ['Supply prohibited drug (2009/00047068): convicted; sentenced to a fixed term of 1 year, 4 months, 15 days imprisonment commencing 16 January 2009, expiring 30 May 2010.' 'Supply prohibited drug (2009/00147423) sequence 1: convicted; sentenced to fixed term of 1 year, 9 months, 15 days imprisonment commencing 16...