District Court
New South Wales
Medium Neutral Citation: R v Dharminder Singh [2019] NSWDC 184 Hearing dates: 8 May 2019 Decision date: 17 May 2019 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial order to be served by way of intensive correctional order. For orders see [57]
Catchwords: Two drug supply offences; unique circumstances; not substantial operation of drug supply. Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017
Drug Misuse and Trafficking Act 1985
Poppy Industry Act 2016Cases Cited: Berryman v R [2017] NSWCCA 297
JM v R [2014] NSWCCA 297
R v Cahyadi [2007] NSWCCA 1; 168 ACrimR 41
R v El Masri [2005] NSWCCA 167
R v Pullen [2018] NSWCCA 264
R v Van Ryn [2016] NSWCCA 1
Tyler v R (2007) 173 ACrimR 458Category: Sentence Parties: Director of Public Prosecutions (Crown)
Dharminder Singh (Offender)Representation: Counsel:
Solicitors:
M Burke (Offender)
E Brown (Crown)
W Del Din (Offender)
File Number(s): 17/367363 Publication restriction: Nil
remarks on sentence
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The offender is to be sentenced in respect of the following two offences:
Sequence 1 – Supply prohibited drug (opium) pursuant to s 25(1) of the Drug Misuse and Trafficking Act 1985.
Sequence 2 – Supply prohibited drug (Papaver Somniferum) pursuant to s 25(1) of the Drug Misuse and Trafficking Act 1985.
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Both offences carry a maximum penalty of 15 years imprisonment and/or 2000 penalty units ($220,000). There is no Standard Non-Parole Period proscribed for the offences.
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The offender has also asked to be taken into account the following offence:
Sequence 3 – Unlawfully transporting alkaloid poppies pursuant to s 6(1)(g) of the Poppy Industry Act 2016. The maximum penalty proscribed for that offence is 12 months imprisonment and/or a $100 fine.
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The offences took place on 17 November 2017 and there was no dispute that the offender entered an early plea of guilty to the subject offences. He was committed for sentence on 14 November 2018.
The sentence hearing
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The sentence hearing took place on 8 May 2019 at Griffith District Court. The Crown Sentence Summary became Ex A and included a Statement of Agreed Facts, which may be summarised as follows.
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At 6.50pm on Friday 17 November 2017, the accused was a passenger in a vehicle travelling east in Balranald, which was pulled over by police for the purpose of a random breath test. The facts record that the police had a conversation with the offender and the driver, and both appeared nervous and stated they drove from Canberra to Renmark for a two hour visit. This aroused police suspicion and they informed the offender and driver that they intended to search the vehicle and them. When asked whether there were any drugs inside the vehicle, the offender said, “No, no drugs”.
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Inside the centre console of the vehicle police located a margarine container which the accused acknowledged as his. Inside that container was a large brown block which police suspected to be a prohibited drug.…
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- AGLC
- R v Dharminder Singh [2019] NSWDC 184
- Case
- [2019] NSWDC 184
- Decision Date
CaseChat Overview and Summary
The court had to determine whether Singh's involvement in the drug supply constituted a substantial operation, as this would affect the sentencing outcome. The key issue was whether the quantity and nature of the drugs found justified a more severe penalty or if the circumstances were exceptional enough to warrant a lighter sentence. The court also needed to consider the impact of Singh's background and personal circumstances on the sentencing process.
The County Court found that while the quantity of drugs indicated a significant involvement, the unique circumstances of Singh's case meant that it did not amount to a substantial drug supply operation. The court took into account Singh's limited criminal history and personal background, which suggested that he was not deeply entrenched in organised drug supply activities. The court ruled that Singh's actions, although serious, did not warrant a full-time custodial sentence. Instead, the court opted for an intensive correctional order, reflecting the need for rehabilitation and supervision without the severe consequences of imprisonment.
The final orders mandated that Singh would serve a full-time custodial order by way of an intensive correctional order. Further details of the orders can be found at [57].
Orders
Orders of the court
Full-time custodial order to be served by way of intensive correctional order. For orders see [57]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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