R v Follett [2011] NSWDC 251

R v Follett [2011] NSWDC 251

The seriousness of the ongoing supply of methylamphetamine, the quantity supplied, the offender's role in distribution, and personal circumstances were balanced to impose a custodial sentence. A 25% sentencing discount was applied for the guilty plea. The sentence was structured with specified non-parole and parole periods and parole conditions, following correct calculation of the discount as per legislative requirements.

Parties
Prosecution: The Crown; Defendant: Tara Elizabeth Follett
Jurisdiction
Australia
Judgment Date
18 March 2011
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment; sentence adjusted following correction of calculation error; parole ordered.
Legal Topics
Sentence, Ongoing Supply, Methylamphetamine, Utilitarian Discount, Parole, Objective Criminality
Criminal Law Sentence Ongoing Supply Methylamphetamine Utilitarian Discount Parole Objective Criminality

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Parties

The Crown

Prosecution

Tara Elizabeth Follett

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for ongoing supply of methylamphetamine
  2. 2 Assessment of objective and subjective criminality
  3. 3 Application of utilitarian discount for guilty plea

Ratio Decidendi

The seriousness of the ongoing supply of methylamphetamine, the quantity supplied, the offender's role in distribution, and personal circumstances were balanced to impose a custodial sentence. A 25% sentencing discount was applied for the guilty plea. The sentence was structured with specified non-parole and parole periods and parole conditions, following correct calculation of the discount as per legislative requirements.

Court Disposition

Convicted and sentenced to imprisonment; sentence adjusted following correction of calculation error; parole ordered.

Orders

  • Tara Elizabeth Follett convicted of ongoing supply of methylamphetamine on two indictable counts.
  • Sentenced (after correction) to an overall term of eleven months and one week, commencing 8 June 2010.