NSW Caselaw
New South Wales District Court
CITATION: R v Mordaunt, Mitchell [2009] NSWDC 301
HEARING DATE(S): 07/05/2009 & 05/06/2009
JUDGMENT DATE: 18 September 2009
JURISDICTION: Criminal
JUDGMENT OF: Nicholson SC DCJ
Supply not less than the commercial quantity of prohibited drug - Ecstacy (Count 1):Convicted.Sentenced - non parole period 9 months, balance of term 2years 1month DECISION: Supply prohibited drug - Ketamine (Count 2):Convicted.Sentence non- parole period of 9 months. Balance of term of 3 months. Sentenced to be served concurrently. S166 matters - concurrent sentences imposed. Pursuant to s.18 (1) of the Confiscation of Proceeds of Crime Act 1989 seized $2000.00 forfeited to the State.
CATCHWORDS: Criminal Law - Sentence - Standard non-parole period considerations - supply drugs - exstacy - commercial quantiity - 351gms - ketamine - 35gms - supply to smaller on-suppliers - heavy drug user - selling to support drug and gambling habits and lifestyle - dealing for financial gain - below mid-range of objective seriousness - elite water sportsman - good family support - young offender - developed serious mental heal issues post arrest - remorseful - plea on arraignment.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
Gladue v The Queen [1999] 1SCR 688 [80] R v Hayes [1984] 1 NSWLR 740 CASES CITED: R v Rushby [1977] 1 NSWLR 597 R v Cuthbert ([967] 2 NSWR 329 R v Way (2004) 60 NSWLR 168 R v Hearne (2007) 124 A.Crim.R. 457
PARTIES: Regina Mitchell Bradley Mordaunt
FILE NUMBER(S): 2008/00011651
COUNSEL: Defence: T Watts
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