R v Figg

[2023] NSWDC 194

District Court

New South Wales

Medium Neutral Citation:

R v Figg [2023] NSWDC 194

Hearing dates:

2 June 2023

Date of orders:

9 June 2023

Decision date:

09 June 2023

Jurisdiction:

Criminal

Before:

Abadee DCJ

Decision:

See paragraph 137

Catchwords:

CRIME – sentencing – supply of large commercial quantity of methylamphetamine – offence of supply of an indictable quantity on a Form 1

Legislation Cited:

Drug Misuse & Trafficking Act 1985 (NSW) s 25

Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5, 21A

Cases Cited:

Blakeney v R [2022] NSWCCA 277

Bugmy v The Queen (2013) 249 CLR 571

Parentev R [2017] NSWCCA 284

R v Henry (1999) 46 NSWLR 346

R v Jackson [2010] NSWCCA 162

Texts Cited:

Nil

Category:

Sentence

Parties:

Office of the Director of Public Prosecutions (ODPP)
Mr L Figg (offender)

Representation:

Counsel:
Mr Todd for the ODPP
Mr Fraser for the offender

Solicitors:
ODPP
Morrisons Law for the offender

File Number(s):

2021/00350949

Publication restriction:

Nil

SENTENCING REMARKS

1. The offender is before the Court following a plea of guilty on 16 November 2022 at the Wollongong Local Court, which plea he adhered to in the sentencing hearing, to one offence (sequence 35) of supplying prohibited drug greater than the commercial quantity, being 557.62g of methylamphetamine, contrary to s 25(2) of the Drug Misuse & Trafficking Act 1985 (NSW), over the period 11 August 2021 to 16 September 2021. The maximum penalty for this offence is life imprisonment. The standard non-parole period is 15 years imprisonment.

2. The offender also acknowledged his guilt and asked the Court to take into account, when sentencing for this primary offence, an additional offence (sequence 6) on a Form 1, being the offence of supplying prohibited drug less than the indictable quantity, being 21.24g of methylamphetamine, over the period 2 August 2021 to 10 August 2021, contrary to s 25(1) of the Drug Misuse & Trafficking Act 1985 (NSW) (sequence 6). The maximum penalty for this additional offence is 15 years imprisonment and/or 2000 penalty units.

Agreed Facts

3. The sentencing hearing was conducted on the basis of a statement of agreed facts signed by the offender and his solicitor. That statement amounted to 26 pages and 224 paragraphs.

4. The offender was identified by the Strike force ‘Tower’ as a person responsible for obtaining large quantities of methylamphetamine for the purpose of on supplying the drugs to a large customer base. This strike force was commenced by police in the Wollongong Criminal Investigations Drug Unit in June 2021.

5. The offender was identified to be using 3 separate mobile telephone numbers during the investigation period and warrants were obtained to intercept these telephone services. These services were registered under false names. The offender himself and others identified the offender by name on all of these services.

6. Through telephone intercepts, it was established that the offender sourced large amounts of methylamphetamine for on-supply, from the co-offender Burns, who was his upline supplier, and the co-offender Consigli (who was also the partner of the…