R v Col

[2021] NSWDC 89

District Court

New South Wales

Medium Neutral Citation:

R v Col [2021] NSWDC 89

Hearing dates:

5 March 2021

Decision date:

25 March 2021

Jurisdiction:

Criminal

Before:

Mahony SC DCJ

Decision:

Full-time custodial sentence. For orders see [85]

Catchwords:

Fraud; multiple supply prohibited drugs and deal with proceeds of crime offences; aggregate sentence

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Drug Misuse & Trafficking Act 1985

Cases Cited:

Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1

Caristo v R [2011] NSWCCA 7

Imbornone v R [2017] NSWCCA 144

Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26

R v Fidow [2004] NSWCCA 172

White v R [2016] NSWCCA 190

Category:

Sentence

Parties:

Director of Public Prosecutions (Crown)
Ercan Col (Offender)

Representation:

Counsel:
P Allport

Solicitors:
M Heywood

File Number(s):

19/153203

Publication restriction:

Nil

REMARKS ON SENTENCE

1. The offender is to be sentenced in respect of the following matters to which he has pleaded guilty:

Count 1/Sequence 14 – Dishonestly obtain property by deception pursuant to s 192E(1)(a) of the Crimes Act 1900.

The maximum penalty for this offence is 10 years imprisonment and there is no Standard Non-Parole Period.

Count 2/Sequence 3 – Supply drugs on an ongoing basis pursuant to s 25A(1) of the Drug Misuse & Trafficking Act 1985 (“DMTA”).

The maximum penalty for this offence is 20 years imprisonment and/or a fine of $385,000. There is no Standard Non-Parole Period.

Count 3/Sequence 4 – Supply prohibited drug greater than indictable and less than commercial quantity pursuant to s 25(1) of the DMTA.

The maximum penalty for this offence is 15 years imprisonment and/or a fine of $220,000. There is no Standard Non-Parole Period.

Count 4/Sequence 7 – Knowingly deal with proceeds of crime pursuant to s 193B(2) of the Crimes Act 1900.

The maximum penalty for this offence is 15 years imprisonment. There is no Standard Non-Parole Period.

Count 5/Sequence 8 – Supply prohibited drug greater than large commercial quantity pursuant to s 25(2) of the DMTA.

The maximum penalty for this offence if life imprisonment and/or a fine of $550,000. There is a Standard Non-Parole Period of 15 years imprisonment for this offence.

2. The offender has asked that the following offence be taken into account on a Form 1 attached to Count 2/Sequence 3, supply prohibited drugs on an ongoing basis:

Sequence 5 – an offence of supply prohibited drugs pursuant to s 25(1) of the DMTA.

The maximum penalty for this offence is 15 years imprisonment and/or a fine of $220,000.

The offender has admitted his guilt in respect of this offence and has asked that it be taken into account on sentence.

3. The offences occurred between 6 April and 15 May 2019. The offender was arrested on 15 May 2019 and has been in custody on remand since that date.

The sentence hearing

4. The sentence hearing took place on 5 March 2021. The Crown Sentence Summary…