R v Micah

[2019] NSWDC 626

District Court

New South Wales

Medium Neutral Citation:	R v Micah [2019] NSWDC 626
Hearing dates:	2 August 2019, 5 August 2019
Decision date:	08 August 2019
Jurisdiction:	Criminal
Before:	Norrish QC DCJ
Decision:	Taking into account the matter on a Form 1; sentenced to a term of imprisonment of 1 year 10 months to be served by way of an Intensive Correction Order.
Catchwords:	CRIME – Sentence - supply prohibited drug –methylenedioxymethamphetamine – not less than commercial quantity – issue of parity – sentencing in relation to co-offenders – equal justice – street level supplier – messenger– aggravating factor – financial reward, but not in possession of substantial sums of cash, drugs or drug related paraphernalia – provided assistance to police - CRIME – participate in criminal group, contribute to criminal activity and knowingly deal with proceeds crime
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999, s54A(2), s54B(2), s3A, s21A, Pt 4 Div 1A, s98(3), s 7(1), Drug Misuse and Trafficking Act 1985, 25(2)
Cases Cited:	DPP(Cth) v Gow [2015] NSWCCA 208 Hili and Jones v R [2010] HCA 45 Jimmy v R [2010] NSWCCA 60 Postiglione v R (1997) 198 CLR 395 R v Mostapha Ali [2016] NSWDC 173 R v Olbrich [1999] HCA 54
Category:	Sentence
Parties:	Regina (Crown) Billy Ndegway Micah (offender)
Representation:	Counsel: Mr C Taylor (Crown)   Solicitors: Mr Singh (Defendant)
File Number(s):	2018/00112324
Publication restriction:	No

Judgment

1. This is a very evenly balanced matter. I have paid very close heed to what the learned Crown has said and what counsel has said. I have ultimately determined that I should impose a term of imprisonment that can be served by way of an Intensive Correction Order and I propose to make that order.

2. The term of imprisonment will be one year, ten months, this is in the context of the matters I am required to consider. A rounding down of the starting figure for the term of imprisonment for you was two and half years and I will give my reasons for coming to that decision now.

3. The prisoner, Mr Micah, appears today for sentence in relation to an offence for which he was committed for sentence to the District Court. That charge was that he between 1 December 2017 and 2 February 2018 at Surry Hills in the State of New South Wales did supply an amount of a prohibited drug, to wit 3,4 methylenedioxymethamphetamine of a weight of 194.08 grams being an amount that was not less than the commercial quantity applicable to that prohibited drug. This is an offence contrary to s 25(2) Drug Misuse and Trafficking Act 1985, it carries a maximum penalty of 20 years’ imprisonment and/or 3,500 penalty units. It has a standard non-parole period of ten years’ imprisonment.

4. I am required to take into account on a Form 1 the offence described as the sequence 2 offence relating to this prisoner. That is an offence, that the prisoner, between 1 December 2017 and 2 February 2018, at Surry…