Citation: R v Dawson [2020] NSWDC 957
Court: District Court of NSW
Date: 26 June 2020
Judge(s): Colefax SC DCJ
Background
The offender, a 47-year-old man with a long criminal history, came before the District Court for sentencing on four counts of supplying a prohibited drug (methylamphetamine) under s 25(1) of the Drug (Misuse and Trafficking) Act 1985 (NSW), together with three counts of driving while disqualified under s 54(1)(a) of the Road Transport Act 2013 (NSW). The driving offences arose incidentally from two of the supply transactions, when the offender drove while disqualified to acquire the drug on the registered source's behalf.
Between 7 and 28 November 2018, the offender participated in four controlled transactions with a police-registered source, each involving the supply of approximately 1.68 to 1.73 grams of methylamphetamine with purity levels ranging from 65.5% to 80%. The offender had relapsed into drug use following three severe personal tragedies in 2018: the suicide of his partner (whom he discovered), a home invasion, and the death of his godson.
The offender pleaded guilty at an early opportunity, gave oral evidence at the sentencing hearing, and was assessed through a sentencing assessment report and a psychologist's report. A small quantity of methylamphetamine found at the time of his arrest in February 2019 was dealt with on a Form 1 attached to the first count.
Legal Issues
- The appropriate sentence for four supply offences and three driving-while-disqualified offences, including the correct aggregate term
- The weight to be given to the offender's subjective circumstances, including personal trauma, mental health conditions, and prospects of rehabilitation
- Whether special circumstances existed to justify varying the standard non-parole period ratio from 75% to 50% of the head sentence
- The applicable guilty plea discount
Decision
Objective seriousness: The court assessed the four drug supply offences as towards, but not at, the bottom of the range for offences of their kind (at [17]). The three driving-while-disqualified matters were assessed as mid-range offences of that type (at [17]). The offender gained no personal benefit, financial or otherwise, from the drug transactions (at [13]).
Aggravating and mitigating factors: The offender's prior criminal history disentitled him to leniency available to a first offender, though the court noted it was not an additional aggravating factor in itself (at [36]). Being on bail at the time of the offences was an aggravating factor (at [36]). In mitigation, the court accepted that three significant personal tragedies in 2018 had caused the offender's relapse, and that the offender ceased his involvement in the supply chain before his arrest (at [14], [26]-[35]). The court accepted the expressions of remorse as genuine (at [40]).
Subjective circumstances and rehabilitation: The court found the offender's mental health conditions reduced the weight of general deterrence (at [39]). The court described the offender's rehabilitation prospects as "cautiously optimistic," noting he had completed courses in custody, remained drug-free in prison, gained employable skills, and re-established family support (at [40]-[41]).
Special circumstances and sentence: A 25% discount applied for the early guilty plea (at [44]). The court found special circumstances to vary the non-parole period ratio from 75% to 50% of the head sentence, concluding that a longer parole period would better support rehabilitation (at [42], [49]). An aggregate sentence of three years imprisonment was imposed, with a non-parole period of 18 months commencing 20 February 2019 (at [48]-[50]).
Orders Made
- Aggregate term of imprisonment of 3 years, commencing 20 February 2019
- Non-parole period of 1 year and 6 months, expiring 19 August 2020
- Balance of parole of 18 months, commencing 20 August 2020
- Driving disqualification of 6 months in relation to each driving offence, commencing 20 August 2020
Key Takeaways
- Three concurrent personal tragedies causing relapse into drug use, combined with mental health conditions, can reduce the weight assigned to general deterrence in sentencing, though specific deterrence and community protection remain relevant where the offender has a substantial criminal history (at [39]).
- A finding of special circumstances is available where a longer parole period is assessed as better promoting the offender's rehabilitation, permitting the court to reduce the non-parole period below the standard 75% ratio (at [42], [49]).
- Where an offender personally gains nothing from drug supply transactions, that absence of benefit is a relevant consideration in assessing objective seriousness, though it does not change the nature of the offending (at [13], [17]).
- Driving-while-disqualified offences arising incidentally during drug supply transactions are appropriately dealt with by way of a s 166 certificate, and the court here sentenced them concurrently within the aggregate term.
- An early indication of a guilty plea attracted a 25% discount, consistent with the court's recognition of the utilitarian and remorse value of such a plea (at [44]).
Legislation and Cases Referenced
Legislation
- Drug (Misuse and Trafficking) Act, s25(1); Road Transport Act, s54(1)(a)
Cases
- Not stated