R v Boyes

[2022] NSWDC 384

District Court

New South Wales

Medium Neutral Citation:

R v Boyes [2022] NSWDC 384

Hearing dates:

25 August 2022

Date of orders:

31 August 2022

Decision date:

29 August 2022

Jurisdiction:

Criminal

Before:

Priestley SC, DCJ

Decision:

See Below [96]

Catchwords:

CRIME — Drug offences — Supply prohibited drug — Commercial quantity  
CRIME — Firearms offences — Use/Possess prohibited pistol/firearm 

Legislation Cited:

Criminal Procedure Act 1986 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Firearms Act 1996 (NSW)

Drug Misuse & Trafficking Act 1985 (NSW) 

Cases Cited:

Bugmy v R (2013) 302 ALR 192

R v MAK [2006] NSWCCA 381

Category:

Principal judgment

Parties:

Regina (Crown)
Boyes (Offender)

Representation:

Swift Crown Prosecutor for the Director of Public Prosecutions NSW

Segal Counsel for the offender.

File Number(s):

2020/00272057

Publication restriction:

Unrestricted

Reasons on sentence

Introduction

1. Silus Martin Boys (‘is the offender”) appears for sentence in respect of eight charges on indictment and a further two charges to be dealt with summarily and set out on a certificate pursuant to section 166 of the Criminal Procedure Act (“CPA”).
2. The offences and their maximum penalty, and whether or not there is a standard non-parole period and if so what that period is, are set out in the following table:

No	Section	Offence	Max Pen	SNPP
1	Firearms Act 33A(1)(a); not s7A(1)	Fire firearm likely to injure and endanger safety of another;	10y	No
2	25(2) DMTA	Supply CQ, viz 475g meth	20 y & or 3500 pu	10
3	25(1) DMTA	Supply 184.25 g meth	15y and or 2500 pu	No
4	s24(1)(a)  DMTA	Possess precursor intended for use in mfr of drug	10 y or 2000 pu	No
5	24(2) DMTA	Knowingly take part in attempt manufacture prohibited drug; no less than 250g meth	20y and or 3500 pu	10y
6	23(1)(b)	Supply 3.2kg of cannabis leaf	10 y and or 2000 pu	no
7	25(1)	Supply 14g of cocaine	15y and or 2000pu	No
8	25(1)	Supply prohibited drug, 60g MDMA	15y 2000 pu	No
9	166	Par 48 of agreed facts; goods in custody	1y	No
10	166	Par 49; reasonably suspected proceeds of crime	3y	No

3. The number given to a charge in the above table in the left-hand column is the number by which the counts are referred to in this judgment.
4. I note that the maximum penalties set out above, and where applicable the standard non-parole periods are legislative guideposts indicating the view of the legislature as to the seriousness of the offending to assist me in arriving at the appropriate sentences. Further I note that the standard non-parole period is relevant even where the offending is considered to be below the mid point referred to in section 54A of the Crimes Sentencing Procedure Act (CSPA).  That is, it is a legislative guideposts as to the seriousness of the offending regardless of the assessment of objective seriousness in accordance with Division 1A.
5. I note there are no matters on a form 1, a matter of some relevance for…