NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Fairbairn [2021] NSWDC 368 Hearing dates: 30 July 2021 Decision date: 30 July 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Full time custodial order to be served by way of an Intensive Correctional Order. For orders see [23]-[27] Catchwords: CRIME - Ongoing supply of the drug methylamphetamine SENTENCING - Relevant factors on sentence - drug user - COVID related unemployment - regular drug user - sale of drugs to other dealers - number of supplies - small quantity supplied on each occasion - limited profit - early guilty plea - 7 months in custody- impact of custody – is further full time custody now required - ICO imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug (Misuse and Trafficking) Act 1985 Cases Cited: Blackman and Walters [2001] NSWCCA 121 EF v R [2015] NSWCCA 36 Hili v The Queen; Jones v The Queen (2010) 242 CLR 52; [2010] HCA 45 Mandranis v R [2021] NSWCCA 97 R v CBK [2002] NSWCCA 457 at [57]. R v Edelbi [2021] NSWCCA 122 Robertson v R [2017] NSWCCA 205 Yardley and Betts (1979) 22 SASR 108 Category: Sentence Parties: Aaron Fairbairn (the offender) Director of Public Prosecutions Representation: Solicitors: Ms E Parkes, Solicitor Advocate, Legal Aid NSW (for the offender) Ms T Lasschuit (for Director of Public Prosecutions) File Number(s): 2020/00229276
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