R v O’Dwyer [2020] NSWDC 151

R v O’Dwyer [2020] NSWDC 151

A sentence of one year and eleven months imprisonment for supply of cannabis is appropriate after reduction for early guilty plea and time served; given the offender's prospects of rehabilitation, strong pro-social support, absence of mental illness reducing culpability, and the community interest, the sentence should be served by way of Intensive Correction Order with specific conditions.

Parties
Offender: Connor O'Dwyer; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
21 February 2020
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
Sentencing, Drug Supply, Intensive Correction Order
Criminal Law Sentencing Drug Supply Intensive Correction Order

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Parties

Connor O'Dwyer

Offender

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for supply of cannabis by a courier
  2. 2 Consideration of subjective circumstances including first time in custody, financial stress, and rehabilitation prospects
  3. 3 Eligibility and appropriateness of Intensive Correction Order (ICO)

Ratio Decidendi

A sentence of one year and eleven months imprisonment for supply of cannabis is appropriate after reduction for early guilty plea and time served; given the offender's prospects of rehabilitation, strong pro-social support, absence of mental illness reducing culpability, and the community interest, the sentence should be served by way of Intensive Correction Order with specific conditions.

Court Disposition

conviction and sentence

Orders

  • Convicted and sentenced to one year and eleven months imprisonment served by Intensive Correction Order in the community.
  • Conditions: good behaviour, report to Wollongong Community Corrections within seven days, obey all reasonable directions, accept supervision, engage in drug and alcohol programs, perform 100 hours of community service work.