R v Cupac

[2018] NSWDC 433

District Court

New South Wales

Medium Neutral Citation:	R v Cupac [2018] NSWDC 433
Hearing dates:	22 November 2018
Date of orders:	22 November 2018
Decision date:	22 November 2018
Jurisdiction:	Criminal
Before:	Berman SC DCJ
Decision:	Bailed under s11 of the Crimes (Sentencing Procedure) Act
Catchwords:	CRIMINAL LAW – Sentence – Supply prohibited drug - MDMA
Legislation Cited:	Crimes (Sentencing Procedure) Act
Cases Cited:	.
Category:	Sentence
Parties:	The Crown Sinisa CUPAC
Representation:	Solicitors: Director of Public Prosecutions – the Crown Skopelja Solicitors
File Number(s):	2018/62067

Judgment

1. HIS HONOUR: On 24 February 2018 police observed the offender Sinisa Cupac acting suspiciously in North Sydney. They therefore watched him closely.

2. Eventually they saw him enter a vehicle, conduct some sort of transaction and leave. When he was approached by police Mr Cupac made immediate admissions to having about 20 MDMA tablets in his possession. It turned out that there were 25. Mr Cupac told police that he was planning on sharing these with his mates. He was therefore charged with the offence of supplying a prohibited drug. He pleaded by at the earliest opportunity to that charge.

3. He has no criminal history and he is, it would seem from the material put before me today, otherwise a person who is working in the community.

4. I am told from the Bar table that Mr Cupac has not used drugs since that evening but, of course, there is nothing to prove that that is the case. It is one thing to say, “I am not a drug user” but it is another thing to prove it. In my view this is a matter, and the parties agree, where there would be benefit by the matter being adjourned under s 11 of the Crimes (Sentencing Procedure) Act to allow Mr Cupac to demonstrate rehabilitation as far as drug use is concerned, rather than just promise it.

5. Accordingly therefore I will put Mr Cupac - I will grant him bail under these conditions:

1. He is to use no illegal drugs whatsoever.

2. In order to ensure that he is complying with this first condition he is to undergo regular urinalysis, that at least fortnightly. He is to arrange this at his own expense.

6. The results of all the urinalysis tests are to be provided to the Court on the next occasion, Thursday 9 May 2019.

7. Now Mr Cupac your lawyer is going to explain to in a bit more detail what’s happened. I’m sure you weren’t expecting this so let me just explain. This is your chance to prove to me that you are no longer a drug user. If you’re no longer a drug user you’re much less likely to be a drug supplier in the future, okay. So it’s very important for your benefit that you don’t use drugs between now and 9 May. If you don’t use them between now and 9 May then I’m going to be fairly confident you won’t use them in future and that’s going to effect the sentence I impose upon you. Understand? Right. So I’m sure you came along hoping to be dealt with today but we’re going to do it in about six months’ time for the reasons I’ve just indicated.

8. ADJOURNED TO THURSDAY 9 MAY 2019

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Decision last updated: 31 January 2019