R v Gill

[2022] NSWDC 7

District Court

New South Wales

Medium Neutral Citation:

R v Gill [2022] NSWDC 7

Hearing dates:

16 November 2021

Date of orders:

2 February 2022

Decision date:

02 February 2022

Jurisdiction:

Civil

Before:

R. J. Weber SC DCJ

Decision:

Sentence: Supply commercial quantity of methylamphetamine: 2 years and 6 months imprisonment with a non-parole period of 1 year and 6 months to date from 15 December 2020. The offender is eligible for release on parole on 14 June 2022.

Catchwords:

CRIME — Drug offences — Supply prohibited drug — Commercial quantity

SENTENCING – Relevant factors on sentence – Objective seriousness – Relevance of drug addiction

SENTENCING – Relevant factors on sentence – Objective seriousness – Role - Courier

Legislation Cited:

Drug Misuse and Trafficking Act 1985

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Bugmy v The Queen (2013) 249 CLR 571

Koh v R [2013] NSWCCA 287

Lam v R [2014] NSWCCA 50

R v Calcutt [2012] NSWCCA 40

R v Henry (1999) 106 A Crim R 149

R v Muanchukingkan (1990) 52 A Crim R 354

R v Simpson (2001) 53 NSWLR 704

R v Speechley (2002) 133 A Crim R 26

Thomas v R [2019] NSWCCA 88

Toole v R [2014] NSWCCA 318

Category:

Sentence

Parties:

Regina (Crown)
James Peter Gill (Offender)

Representation:

Counsel:
Mr Kondich for the Offender

Solicitors:
Office of the Director of Public Prosecutions (Crown)

File Number(s):

2020/355198

Publication restriction:

None.

Judgment

1. The offender comes before the court having pleaded guilty to a charge of supplying a prohibited drug in a quantity which is not less than a commercial quantity. The drug concerned was methylamphetamine and the quantity was 497.6 grams. This is conduct contrary to the provisions of section 25(2) of the Drug Misuse and Trafficking Act 1985. The offence carries a maximum penalty of 20 years imprisonment and a standard non-parole period of 10 years.

2. I have used both the maximum penalty and the standard non-parole period to provide me with valuable guideposts within which to undertake the sentencing task which confronts me.

Early Guilty Plea

3. The offender pleaded guilty to the offence at an early time, and it was common ground between the parties that he was as a result entitled to a 25% discount on any sentence which might otherwise have been imposed upon him.

Agreed Facts

4. The matter proceeded by way of agreed facts, which I believe can be summarised as follows.

5. Strike Force Delalah was established in early 2020 as a joint operation investigating the unlawful activities of the offender’s co-accused, and certain of that co-offender’s associates.

6. On 24 February 2020, a controlled operation was authorised, in which an authorised witness would engage in negotiations with the co-accused and his associates relating to the supply of drugs, and the importation of border-controlled drugs.

7. Between February and October 2020, a witness engaged with the co-accused using a combination of platforms, including Ciphr, on encrypted telecommunication devices.

8. Between 15 and 16 September 2020, the co-accused and a witness engaged in…