R v Hannah

[2016] NSWDC 195

District Court

New South Wales

Medium Neutral Citation:	R v Hannah [2016] NSWDC 195
Hearing dates:	13 May 2016
Date of orders:	13 May 2016
Decision date:	13 May 2016
Jurisdiction:	Criminal
Before:	Berman SC DCJ
Decision:	Taking into account matters on a Form 1, the offender is sentenced to imprisonment consisting of a non-parole period 2 years with a head sentence of 4 years. Matters on s 166 certificate are withdrawn
Catchwords:	CRIMINAL LAW – Sentence – Form 1 – Trafficking to a substantial degree- No exceptional circumstances.
Cases Cited:	Jadron v R [2015] NSWCCA 217 R v De Simoni (1981) 147 CLR 383
Category:	Sentence
Parties:	The Crown Michael Brian Hannah
Representation:	Counsel: Mr S Cairns - Offender   Solicitors: Director of Public Prosecutions
File Number(s):	2015/244736

Judgment

1. HIS HONOUR: For many years the Court of Criminal Appeal has stated, and restated, an important principle when drug suppliers are sentenced - those trafficking to a substantial degree must expect to go to gaol full-time, unless there are exceptional circumstances. The offender, Michael Brian Hannah, was trafficking to a substantial degree and there are no exceptional circumstances.

2. I do note that the principle was laid down before the sentencing option of an intensive corrections order was available. In some cases I have had to consider whether the principle should be modified because of that sentencing option, but this is not such a case. The extent of Mr Hannah’s drug supply activities means that there is no alternative to full-time imprisonment.

3. The offender conducted a roof tiling business. He says that after some April storms, when he was very busy, he began to use drugs so that he could work and supplied drugs to his employees so that they would become more reliable. However, his drug supply activities extended well beyond simply supplying a couple of employees.

4. Between 20 July 2015 and 21 August 2015 the offender supplied methylamphetamine on 45 separate occasions. The total weight of those supplies was 15.2 grams with an estimated street value of $7,600. When his home was searched police discovered a further quantity of methylamphetamine, 25.86 grams, which had a street value of $16,000.

5. The offender was a reasonably enthusiastic supplier too. He had a mobile phone which he used exclusively for drug deals. It was subscribed in a false name. He, of course, had a personal mobile phone which was subscribed in his own name. He developed a code to be used, not a particularly clever one, one that was easily seen through, but in order to aid his drug supplying activities he and his customers did use code words. He was found to be in possession of scales and resealable bags.

6. He had a number of customers. When Mr Hannah gave evidence he was much less than frank initially. It was only in cross-examination that the true extent of his drug dealing activities became apparent. On my estimate, he supplied drugs to two employees and something in the order of six friends, at…