R v Aston (No 2)

The defendant, Aston, was charged with the deemed supply of a prohibited drug, specifically 3,4 methylenedioxyamphetamine (3,4 MDA), in the context of an attempted supply at a dance festival. Aston had procured 115 tablets of the drug at the behest of a man he met outside the festival venue, with the promise of a $600 reward. The man, in his early twenties, had struggled with drug addiction since leaving school. Aston was already in custody for three months and seven days at the time of sentencing, during which he had remained drug-free. He had become aware of his drug problem and was committed to abstaining from drugs in the future. Aston was also being called up for breaching section 9 bonds. The time spent in custody was considered served for the breach of bonds. The court imposed an intensive correction order (ICO) of one year and nine months, including attendance at a full-time residential drug rehabilitation course for a minimum of three months.

The primary legal issue for the court was to determine the appropriate sentence for Aston, considering his role in the attempted drug supply, his prior history, and his current state of rehabilitation. The court needed to weigh the seriousness of the offence against Aston's efforts to reform and his current drug-free status. Another aspect of the sentencing was the consideration of the time Aston had already spent in custody, which could be factored into the overall sentence. The court also had to decide on the nature of the sentence, balancing between imprisonment and a community-based punishment that would support Aston's rehabilitation.

The court acknowledged the seriousness of Aston's attempted drug supply but also recognised his current efforts towards rehabilitation. Given his cooperation, awareness of his drug problem, and commitment to staying drug-free, the court decided that an intensive correction order was appropriate. This form of sentencing would allow Aston to serve his punishment in the community while also engaging in a rehabilitation program. The court imposed a one-year and nine-month ICO, with a requirement for Aston to attend a full-time residential drug rehabilitation course for at least three months. This approach aimed to address both the punitive and rehabilitative aspects of the sentence, providing Aston with an opportunity to reform while being held accountable for his actions.

The court ordered that Aston be sentenced to imprisonment for a term of one year and nine months, to be served by way of an intensive correction order in the community, commencing on 18 October 2018. Aston was also mandated to attend a full-time residential drug rehabilitation course for a minimum of three months as part of his sentence.