R v Dowdell [2022] NSWDC 529

District Court New South Wales

Medium Neutral Citation: R v Dowdell [2022] NSWDC 529 Hearing dates: 03 November 2022 Date of orders: 03 November 2022 Decision date: 03 November 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Matthew Dowdell is convicted. 2 Taking into account the discount for the plea of guilty (25%) and the matters on the Form 1, I impose a term of imprisonment of 18 months. 3 I have had regard to s 66 Crimes (Sentencing Procedure) Act 1999 and I am satisfied that it is appropriate to order that the sentence be served by way of an Intensive Corrections Order (ICO), for the reasons I have already given and the following additional reasons, including by returning the purposes of sentencing in s 3A. 4 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (3 November 2022) and expire on 2 May 2024. 5 The offender must report to the City Community Corrections Office on or before 4pm on 10 November 2022. 6 The standard conditions of the order apply: (a) the offender must not commit any offence; and (b) the offender must submit to supervision by a Community Corrections Officer. 7 The following additional conditions apply: (a) the offender must abstain from taking all restricted or prohibited drugs, except those prescribed by a medical practitioner; (b) the offender must receive treatment for drug rehabilitation and his mental health as reasonably directed by Community Corrections; and (c) the offender must not associate with Brett Towers and Randall Cadby. Catchwords: CRIME — Drug offences — Supply prohibited drug Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Attorney General's Application No 1 of 2022 (2002) 56 NSWLR 147 R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Regina (Crown) Matthew Dowdell (Offender) Representation: Solicitors: Office of the Director of Public Prosecutions (Crown) Blair Criminal Lawyers (Offender) File Number(s): 2021/266652 Publication restriction: None