R v Reilly [2019] NSWDC 508

R v Reilly [2019] NSWDC 508

Although the supply of prohibited drugs on an ongoing basis attracts significant penalties, this offender's conduct was assessed at the lower end of objective seriousness due to the small quantities and modest sums of money involved. The offender's addiction, genuine efforts at rehabilitation, and positive steps toward change justified a non-custodial sentence. The court considered both specific and general deterrence but determined that the community's interest was best served by facilitating rehabilitation. A Community Corrections Order for two years with program participation and abstention conditions was imposed, with the Form 1 matter taken into account and additional orders made...

Jurisdiction
Australia
Judgment Date
05 April 2019
Procedural Posture
Criminal / Sentence
Outcome
Convicted. Sentenced to a Community Corrections Order for 2 years commencing 5 April 2019. Form 1 matter taken into account. Back-up offences withdrawn and dismissed. Drug proceeds order and destruction order made.
Legal Topics
['supply Prohibited Drug on an Ongoing Basis' 'community Corrections Order' 'sentencing' 'drug Offences']
['criminal Law'] ['supply Prohibited Drug on an Ongoing Basis' 'community Corrections Order' 'sentencing' 'drug Offences']

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 / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for ongoing supply of prohibited drugs in small quantities' 'Consideration of Form 1 offence in sentencing' 'Application of general and specific deterrence principles']

Ratio Decidendi

Although the supply of prohibited drugs on an ongoing basis attracts significant penalties, this offender's conduct was assessed at the lower end of objective seriousness due to the small quantities and modest sums of money involved. The offender's addiction, genuine efforts at rehabilitation, and positive steps toward change justified a non-custodial sentence. The court considered both specific and general deterrence but determined that the community's interest was best served by facilitating rehabilitation. A Community Corrections Order for two years with program participation and abstention conditions was imposed, with the Form 1 matter taken into account and additional orders made...

Court Disposition

Convicted. Sentenced to a Community Corrections Order for 2 years commencing 5 April 2019. Form 1 matter taken into account. Back-up offences withdrawn and dismissed. Drug proceeds order and destruction order made.

Orders

  • ['Offender convicted of supply prohibited drug on an ongoing basis, s 25A(1) Drug Misuse and Trafficking Act 1985.' 'Sentenced to a 2-year Community Corrections Order with conditions: abstention from prohibited drugs, participation in William Booth House Bridge program, supervision by Community Corrections.'...