District Court
New South Wales
Medium Neutral Citation: R v Louis Foster [2017] NSWDC 120 Hearing dates: 18 May 2017 Decision date: 24 May 2017 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence. For orders see [85]
Catchwords: Supply prohibited drugs, two offences; take part in supply of prohibited drugs Legislation Cited: Crime (Sentencing Procedure) Act 1999
Drug Misuse and Trafficking Act 1985Cases Cited: BP v R [2010] NSWCCA 159
Bugmy v R [2013] HCA 37
DPP (Cth) v De La Rosa [2010] NSWCCA 194
EF v R [2015] NSWCCA 36
Hoskins v R [2016] NSWCCA 157
Kennedy v R [2010] NSWCCA 260
Mill v R (1988) 166 CLR 59
R v Fernando (1992) 76 A Crim R 58
R v Nguyen [2015] NSWCCA 268Category: Sentence Parties: Director of Public Prosecutions (Crown)
Louis Foster (Offender)Representation: Counsel:
C Morgan (Crown)
C Mendez (Offender)
File Number(s): 16/70304 Publication restriction: Nil
REMARKS ON SENTENCE
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The offender is to be sentenced in respect of three counts as follows:
Sequence 1 – Take part in supply of an amount of a prohibited drug, namely, 31.5 kilograms of cannabis, being an amount which is not less than the commercial quantity applicable to that drug, pursuant to s 25(2) of the Drug Misuse and Trafficking Act 1985 (“DMTA”).
The maximum penalty for the offence is 15 years imprisonment and/or 3,500 penalty units.
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Sequence 3 – Take part in supply of a prohibited drug, namely, 28 grams of cocaine, pursuant to s 25(1) of the DMTA.
The maximum penalty for the offence is 15 years imprisonment and/or 2,000 penalty units.
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Sequence 8 – Supply prohibited drug, namely, 6.605 kilograms of cannabis, pursuant to 25(1) of the DMTA.
The maximum penalty for the offence is 10 years imprisonment and/or 2,000 penalty units.
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The offender has asked to be taken into account three matters on a Form 1, each of which occurred between 15 September 2015 and 4 March 2016. They are:
Sequence 5 – Agree to supply 8.538 kilograms of cannabis.
Sequence 6 – Offer to supply 928 grams of cannabis.
Sequence 10 – Agree to supply 4.5 grams of cocaine on four occasions.
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The offender was arrested on 4 March 2016 and spent one month, two weeks and three days in custody until he was released on bail on 21 April 2016.
The sentence hearing
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The sentence hearing took place on 18 May 2017 at Wagga Wagga. The Crown Sentence Summary (Ex A) included a Statement of Agreed Facts, which may be summarised as follows.
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In December 2015, police established a strike force to investigate drug supply by the offender. Investigations revealed that the offender sourced cannabis from a male in Yass. It was then transported from Yass to Wagga Wagga where the offender would supply other people with the drug from his home at Lake Albert.
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On 28 January 2016, the offender was arrested for failing a roadside drug test. Whilst he was in custody, police accessed…
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- AGLC
- R v Louis Foster [2017] NSWDC 120
- Case
- [2017] NSWDC 120
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were the nature and severity of the offences, as well as the appropriate sentencing principles to apply. The defence argued for a non-custodial sentence, citing the defendant’s personal circumstances and previous good character. The prosecution, however, urged the court to impose a custodial sentence due to the seriousness of the crimes and the need for general deterrence. The court had to balance these arguments and consider the relevant statutory provisions and sentencing principles.
In delivering the judgment, the court noted the gravity of the offences and the defendant’s active role in the supply of prohibited drugs. The court considered the statutory maximum penalties for each offence and the need to ensure that the sentence reflected the seriousness of the crimes. The court found that a non-custodial sentence would not adequately address the community’s need for deterrence and protection. Consequently, the court determined that a full-time custodial sentence was necessary. The court imposed a sentence that took into account the totality of the defendant’s offending and his personal circumstances, ultimately deciding on a term of imprisonment that balanced punitive and rehabilitative objectives.
The orders made by the court included a full-time custodial sentence. Further details of the sentence and any associated orders can be found at [85] of the judgment.
Orders
Orders of the court
Full time custodial sentence. For orders see [85]
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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