R v CA

[2012] NSWDC 154

District Court

New South Wales

Case Title:

R v CA

Medium Neutral Citation:

[2012] NSWDC 154

Hearing Date(s):

20/04/2012

Decision Date:

26 April 2012

Jurisdiction:

Before:

S Norrish QC DCJ

Decision:

(Possess prohibited weapon without a permit) Sentenced to a term of imprisonment of 1 year and 9 months and 2 weeks consisting of a non parole period 9 months. The balance of the sentence being 12 months and 2 weeks. Finding of special circumstances.

(Supply prohibited drug) Taking into account matters on a Form 1
Sentenced to a term of imprisonment of 2 years and 8 months and 2 weeks consisting of a non parole period 1 year and 1 month. The balance of the sentence being 1 year, 7 months and 2 weeks. Finding of special circumstances.

Orders pursuant to s8 of the Confiscation of Proceeds of Crimes Act as set out in Short Minutes of Forfeiture Order. I order the destruction of drugs.

Catchwords:

CRIMINAL LAW: Sentence - supply prohibited drug, heroin - possess prohibited weapon, taser - early plea - cooperation - special circumstances.

Legislation Cited:

Weapons Prohibition Act 1998 s7(1)
Drug Misuse and Trafficking Act 1985 s25(1)
Crimes (Sentencing Procedure) Act 1999 s12, s23, s3A, s21A(1)-(2)

Cases Cited:

Markarian v The Queen (2005) 79 ALJR 1048
Thomson and Houlton (2000) 49 NSWLR 383
SZ v The Queen [2007] NSWCCA 19
R v El Hani [2004] NSWCCA 162
R v Z [2006] NSWCCA 342
R v Sukkar [2006] NSWCCA 92
Muldrock v The Queen [2011] HCA 39
Pearce v R (1998) 194 CLR 610

Texts Cited:

Category:

Sentence

Parties:

Director of Public Prosecutions (NSW)
CA (Offender)

Representation

- Counsel:

- Solicitors:

Director of Public Prosecutions (Crown)
Ms S Perera (Offender)

File number(s):

2011/67090

Publication Restriction:

SENTENCE

1. HIS HONOUR: Mr CA, in your case I propose to impose the sentences in this form: In relation to the possess prohibited weapon charge, with a starting point of three years imprisonment, giving you a discount of 40% for your early plea of guilty, utilitarian benefit of it, and your cooperation, a combined discount in relation to both. My calculator tells me that that is 21 and a half months. In relation to that sentence, because it has a standard nonparole period I am required to fix a nonparole period, even though the sentence will be largely absorbed by the sentence for the supply drugs matter. So in that matter I propose to fix a nonparole period of nine months, and on my calculation the balance of the sentence will be 12.5 month. The commencement date of the nonparole period will be 1 March 2011 and the sentence should expire, on my calculation - and your counsel or the Crown Prosecutor can correct me if my sums are wrong. My calculation would be the expiry date of the nonparole period 30 November 2011.

2. In relation to the supply prohibited drug matter, the starting point of that sentence will be four and a half years. Again, I give you a discount…