Regina v Justin James Martin [2007] NSWDC 358

Regina v Justin James Martin [2007] NSWDC 358

Taking into account the relatively modest quantity of drugs supplied, the offender's guilty plea, demonstrated remorse, readiness to assist authorities, lack of relevant prior convictions, and good prospects for rehabilitation, a sentence of three years and four months imprisonment with a non-parole period of one year and eight months is appropriate, with special circumstances warranting a longer than normal parole period.

Jurisdiction
Australia
Judgment Date
09 October 2007
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to three years and four months imprisonment with a non-parole period of one year and eight months.
Legal Topics
['supply Prohibited Drugs' 'sentencing' 'assistance to Authorities' 'drug Addiction' 'rehabilitation' 'special Circumstances']
['criminal Law'] ['supply Prohibited Drugs' 'sentencing' 'assistance to Authorities' 'drug Addiction' 'rehabilitation' 'special Circumstances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for supply of prohibited drugs on ongoing basis' "Effect of offender's assistance to authorities on sentence" 'Impact of addiction and rehabilitation prospects on sentencing' 'Existence of special circumstances for extended parole period']

Ratio Decidendi

Taking into account the relatively modest quantity of drugs supplied, the offender's guilty plea, demonstrated remorse, readiness to assist authorities, lack of relevant prior convictions, and good prospects for rehabilitation, a sentence of three years and four months imprisonment with a non-parole period of one year and eight months is appropriate, with special circumstances warranting a longer than normal parole period.

Court Disposition

Sentenced to three years and four months imprisonment with a non-parole period of one year and eight months.

Orders

  • ['Justin James Martin is sentenced to forty months imprisonment commencing 26 September 2006 and concluding on 25 January 2010.' 'A non parole period of twenty months is set from 26 September 2006 to 25 May 2008.' 'The balance of term is twenty months from 26 May 2008 to 25 January 2010.' 'Earliest parole...