R v McNab; R v O'Brien

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v McNab; R v O’Brien [2018] NSWDC 289

Hearing dates:

20 August 2018

Date of orders:

07 September 2018

Decision date:

07 September 2018

Jurisdiction:

Criminal

Before:

Hatzistergos DCJ

Decision:

Sentenced to an aggregate term of 5 years and 6 months imprisonment

Catchwords:

SENTENCING – Relevant factors on sentence

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW)

Cases Cited:

Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (No 1) of 2002 (2002) 56 NSWLR 146
Gedeon and Dow v Commissioner of the New South Wales Crime Commission (2008) 236 CLR 120
Ho v R [2013] NSWCCA 174
Jadron v R [2015] NSWCCA 217
Jaafar v R [2017] NSWCCA 223
Lamb v R [2014] NSWCCA 50
Lowe v R (2004) 154 CLR 606
R v Blare [2015] NSWCCA 78
R v Borkowski [2009] NSWCCA 102
R v DW [2012] NSWCCA 66
R v Henry (1999) 46 NSWLR 346
R v Huang (2000) 113 A Crim R 386
R v Schwabegger (1998) 4 VR 649
R v Shrestha (1991) 173 CLR 48
R v Thompson; R v Houlton (2000) 49 NSWLR 383
R v XX (2009) 195 A Crim R 38
Sabra v R [2015] NSWCCA 38
Scott v R [2010] NSWCCA 103
Subramanian v R [2013] NSWCCA 158
Vu v R [2006] NSWCCA 188
WW v R [2012] NSWCCA 164

Category:

Sentence

Parties:

Regina (Crown)
Henry McNab (Offender)
Darren O’Brien (Offender)

Representation:

Counsel:
Ms A Betts (Offenders)

 

Solicitors:

  Office of the Director of Public Prosecutions (Crown)
Saba El-Hanania Lawyers (Offenders)

File Number(s):

16/234269; 16/234279

Publication restriction:

N/A

REMARKS ON SENTENCE

1. Henry McNab and Darren O’Brien have pleaded Guilty to and are to be sentenced in respect of the following charges:-

1. On the third day of August 2016 at Maroubra in the State of New South Wales did supply an amount of a prohibit drug to wit 393.3 grams of 3,4 methylenedioxymethamphetamine (MDMA), being an amount which was not less than the commercial quantity applicable to that drug contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985. [1] This constituted Sequence 2.

2. On the third day of August 2016 at Maroubra in the State of New South Wales did supply an amount of a prohibit drug to wit 206.83 grams of MDMA, being an amount which was not less than the commercial quantity applicable to that drug contrary to s 25(2) of the 1985 Act. This constituted Sequence 6.

3. Between the tenth day of June 2016 and the third day of August 2016 at Sydney in the State of New South Wales did supply an amount of a prohibit drug to wit 25.29 grams of Cocaine contrary to s 25(1) of the 1985 Act. This constituted Sequence 3.

   1. Hereinafter referred to as the 1985 Act

2. The Co-offenders are each asking the Court to take into account 2 matters attached to Sequence 2…