R v Jessop [2023] NSWDC 367

District Court New South Wales

Medium Neutral Citation: R v Jessop [2023] NSWDC 367 Hearing dates: 16 March 2023 Date of orders: 16 March 2023 Decision date: 16 March 2023 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate imprisonment sentence of 2 years 10 months to be served subject to an Intensive Corrections Order Catchwords: CRIME —Drug offences — Multiple drug offences — Cultivate prohibited plant — Manufacture the prohibited drug psilocybin — Small quantity of mushrooms but relatively large quantity of psilocybin — Supply prohibited drug — Personal use CRIMINAL PROCEDURE — Back up and related offences — Procedures SENTENCING — Penalties — Intensive correction orders SENTENCING — Plea of guilty — Committal for sentence SENTENCING — Relevant factors on sentence — Form 1 offences — Objective seriousness — Purposes of sentencing SENTENCING — Subjective considerations on sentence — Experience of trauma and neglect Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Henry v R (1999) 46 NSWLR 346; [1999] NSWCCA 111 Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3 Category: Sentence Parties: Thomas Oliver Jessop (offender) Director of Public Prosecutions (the Crown) Representation: Counsel: P Williams (for the offender) N Johnson (solicitor) (for the Crown)