R v Esho [2023] NSWDC 195

R v Esho [2023] NSWDC 195

Given the offender's low-range objective seriousness, strong prospects for rehabilitation, genuine contrition, time spent in custody and full-time rehabilitation, and the assessment that community safety would be better served by his continuing rehabilitation in the community, a sentence of one year and eleven months imprisonment, to be served by way of an Intensive Correction Order with stringent conditions, is appropriate.

Parties
Crown: Rex; Offender: Simon Esho
Jurisdiction
Australia
Judgment Date
09 June 2023
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and sentenced to 1 year and 11 months imprisonment, to be served in the community pursuant to an Intensive Correction Order (ICO) with conditions.
Legal Topics
Sentencing, Drug Supply, Objective Seriousness, Intensive Correction Order
Criminal Law Sentencing Drug Supply Objective Seriousness Intensive Correction Order

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Parties

Rex

Crown

Simon Esho

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for supplying a commercial quantity of cocaine, taking into account the offender's subjective circumstances and objective seriousness of the offence?
  2. 2 Is an Intensive Correction Order appropriate in the circumstances?

Ratio Decidendi

Given the offender's low-range objective seriousness, strong prospects for rehabilitation, genuine contrition, time spent in custody and full-time rehabilitation, and the assessment that community safety would be better served by his continuing rehabilitation in the community, a sentence of one year and eleven months imprisonment, to be served by way of an Intensive Correction Order with stringent conditions, is appropriate.

Court Disposition

Offender convicted and sentenced to 1 year and 11 months imprisonment, to be served in the community pursuant to an Intensive Correction Order (ICO) with conditions.

Orders

  • Simon Esho is convicted for the offence of supplying a commercial quantity of cocaine.
  • Sentenced to imprisonment for 1 year and 11 months.