R v Tolmie [2021] NSWDC 597

R v Tolmie [2021] NSWDC 597

Having regard to the low objective seriousness of the offending, mitigating factors including remorse, rehabilitation prospects, and the offender's current engagement with treatment services, an intensive correction order is the most appropriate disposition for the two-year sentence imposed for supply of prohibited drug on an ongoing basis (including Form 1 offence), rather than full-time imprisonment.

Parties
Prosecutor: Regina (Crown); Offender: Madison Tolmie
Jurisdiction
Australia
Judgment Date
29 October 2021
Procedural Posture
Criminal / Sentencing
Outcome
intensive correction order for two years, including a drug proceeds confiscation order
Legal Topics
Sentencing, Drug Offences, Mitigating Factors, Intensive Correction Order, Remorse, Rehabilitation, Co Offenders, Form 1 Offences
Criminal Law Sentencing Drug Offences Mitigating Factors Intensive Correction Order Remorse Rehabilitation Co Offenders +1 more

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Parties

Regina (Crown)

Prosecutor

Madison Tolmie

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for supply prohibited drug on an ongoing basis
  2. 2 Consideration of Form 1 offence in sentencing
  3. 3 Assessment of mitigating and aggravating factors

Ratio Decidendi

Having regard to the low objective seriousness of the offending, mitigating factors including remorse, rehabilitation prospects, and the offender's current engagement with treatment services, an intensive correction order is the most appropriate disposition for the two-year sentence imposed for supply of prohibited drug on an ongoing basis (including Form 1 offence), rather than full-time imprisonment.

Court Disposition

intensive correction order for two years, including a drug proceeds confiscation order

Orders

  • Conviction of Madison Tolmie for supply prohibited drug on ongoing basis.
  • Taking into account Form 1 offence, sentence of two years imprisonment from 29 October 2021 to 28 October 2023.