R v Daley [2013] NSWDC 76

R v Daley [2013] NSWDC 76

Mr Daley was convicted of supplying a prohibited drug and escaping lawful custody. The Court, after reviewing factual inconsistencies and additional evidence from text messages and witness testimony, found Mr Daley's supply activities to be significant but not constituting substantial trafficking for money except to 'Kiwi Michael.' As such, the Court determined a custodial sentence was required but found it appropriate to assess Mr Daley for suitability to serve the sentence by way of an intensive corrections order, as exceptional circumstances for full-time imprisonment did not apply.

Parties
Prosecution: The Crown; Offender: Christopher Daley
Jurisdiction
Australia
Judgment Date
18 April 2013
Procedural Posture
Criminal / Sentence
Outcome
Referred for assessment for suitability to serve sentence by way of an Intensive Corrections Order; bail granted; matter adjourned.
Legal Topics
Supply Prohibited Drug, Escaping Lawful Custody, Sentencing, Intensive Correction Order
Criminal Law Supply Prohibited Drug Escaping Lawful Custody Sentencing Intensive Correction Order

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Parties

The Crown

Prosecution

Christopher Daley

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for supplying prohibited drug and escaping lawful custody
  2. 2 Jurisdictional limits for sentencing escape from lawful custody
  3. 3 Factual basis for supply offence

Ratio Decidendi

Mr Daley was convicted of supplying a prohibited drug and escaping lawful custody. The Court, after reviewing factual inconsistencies and additional evidence from text messages and witness testimony, found Mr Daley's supply activities to be significant but not constituting substantial trafficking for money except to 'Kiwi Michael.' As such, the Court determined a custodial sentence was required but found it appropriate to assess Mr Daley for suitability to serve the sentence by way of an intensive corrections order, as exceptional circumstances for full-time imprisonment did not apply.

Court Disposition

Referred for assessment for suitability to serve sentence by way of an Intensive Corrections Order; bail granted; matter adjourned.

Orders

  • Offender to be assessed by Department of Corrective Services for suitability for Intensive Corrections Order
  • Bail granted for offender for purpose of assessment