R v Garland [2018] NSWDC 437

R v Garland [2018] NSWDC 437

The offender's conduct was at the lower end of objective seriousness; subjective features (first time in custody, deteriorating mental health, strong subjective case) support finding special circumstances; utilitarian benefits of plea of guilty support sentence reduction; absence of supervision makes finding of special circumstances less likely but not preclude it; sentenced to imprisonment with a non-parole period of two and a half years and a head sentence of five years.

Parties
Prosecution: The Crown; Defendant: Stephen John Garland
Jurisdiction
Australia
Judgment Date
19 November 2018
Procedural Posture
Criminal / Sentence
Outcome
sentenced to imprisonment
Legal Topics
Sentence, Special Circumstances, Supply Large Commercial Quantity, MDMA
Criminal Law Sentence Special Circumstances Supply Large Commercial Quantity MDMA

Case Brief

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Parties

The Crown

Prosecution

Stephen John Garland

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What sentence should be imposed for supply of a large commercial quantity of MDMA given the circumstances of the offender?
  2. 2 Relevance of absence of supervision to finding of special circumstances

Ratio Decidendi

The offender's conduct was at the lower end of objective seriousness; subjective features (first time in custody, deteriorating mental health, strong subjective case) support finding special circumstances; utilitarian benefits of plea of guilty support sentence reduction; absence of supervision makes finding of special circumstances less likely but not preclude it; sentenced to imprisonment with a non-parole period of two and a half years and a head sentence of five years.

Court Disposition

sentenced to imprisonment

Orders

  • Mr Garland is sentenced to imprisonment; non-parole period of two and a half years; head sentence of five years to date from 15 September 2016; non-parole period will expire on 14 March 2019.