OW pleaded guilty to possessing 24 grams of methamphetamine for supply. Matt acted for OW.
At sentencing, 28 months’ imprisonment was found to be an appropriate starting point and a 20% discount was awarded for OW’s early guilty plea. Matt also obtained a cultural report which outlined our client’s troubled personal background and this attracted a further 20% discount. OW had also made significant attempts to rehabilitate himself against a background of substance abuse and was awarded a further 5% discount for this factor.
This left OW with an end sentence of 15 months’ imprisonment which could be substituted for an electronically monitored sentence. The Presiding Judge found community detention was the most appropriate and OW was sentenced to four months community detention and also 18 months intensive supervision.
OW had also pleaded guilty to a charge of driving with excess breath alcohol. The Presiding Judge found that the case under s. 94 of the Land Transport Act had been made out and did not disqualify OW from driving but rather, that the community detention sentence could make up the community sentence requirement (so he did not have to serve a sentence of community work).