R v Esho

[2023] NSWDC 195

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Esho [2023] NSWDC 195

Hearing dates:

2 June 2023

Date of orders:

9 June 2023

Decision date:

09 June 2023

Jurisdiction:

Criminal

Before:

Newlinds SC DCJ

Decision:

Sentence of imprisonment to be served by way of Intensive Correction Order. Orders at [51]

Catchwords:

CRIME – Sentence

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Drug Misuse and Trafficking Act 1985

Cases Cited:

R v Anscombe [2021] NSWDC 540

R v Mandranis (2021) NSWCCA 97

R v Mason [2022] NSWDC 351

Stanley v DPP [2023] HCA 3

Zheng v R [2023] NSWCCA 64

Texts Cited:

Sentence (Sixth Edition) by Stephen Odgers

Category:

Sentence

Parties:

Rex (Crown)
Simon Esho (Offender)

Representation:

Counsel:
Ms Sawagid (Crown)
Mr P Strickland SC (Offender)
Solicitors:
Director of Public Prosecutions (Crown)
Karnib Saddik Law Firm (Offender)

File Number(s):

2022/00137604

Publication restriction:

No.

Judgment

INTRODUCTION

1. The offender, aged 27, has pleaded guilty to one offence of supplying a commercial quantity of cocaine (828 grams) contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (“DMTA”).

2. The matter was heard on 2 June 2023 at which hearing I received into evidence a body of material together with written and oral submissions which, where relevant, I will refer to in these reasons.

The Facts

3. The agreed facts are in short compass and may be summarised as follows:

1. In May 2022 an investigation was commenced into the activities of the offender. These investigations identified the offender as the only resident of Unit 315 of 659-669 Gardeners Road, Mascot.

2. On 12 May 2022 Police attended 315/659-669 Gardeners Road, Mascot to execute a search warrant.

3. At approximately 5.13 pm the Police officers saw the offender exit the residence. He was approached by Police and searched. Police located four mobile phones, a case of air pods, a set of keys to the offender’s unit and a car key and an Apple watch.

4. The offender was told the Police had a warrant to search his unit and was asked if Police would find any drugs or money in the unit. The offender replied “nope”. The offender told Police that he lived at the unit alone and that nobody else was inside.

5. During the search of the offender’s bedroom, Police located two clear freezer bags containing a white powdery substance inside a pair of white Lacoste shoes. The substance inside those bags was subsequently analysed and found to be a total of 55.6 grams of cocaine.

6. In the spare bedroom Police located a yellow plastic bag containing a block of compressed white powder in a vacuum sealed bag. The powder was subsequently analysed and found to be 772.6 grams of cocaine.

7. The Police cautioned the offender before asking him some further questions in relation to the block of white powder. The offender (by way of shaking his head) implied that he had not seen the yellow bag before and did not know what was in it. The offender said the bag…