R v Morrish

[2018] NSWDC 535

District Court

New South Wales

Medium Neutral Citation:

R v Morrish [2018] NSWDC 535

Hearing dates:

14 November 2018

Date of orders:

14 November 2018

Decision date:

14 November 2018

Jurisdiction:

Criminal

Before:

Judge W Hunt

Decision:

Convicted and taking into account matter on a Form 1 the offender is sentenced to imprisonment for a period of 15 months with a non-parole period of 10 months..

Matter on s166 certificate is withdrawn and dismissed.

Catchwords:

CRIMINAL LAW – Sentence – Form 1 – Knowingly take part in supply of prohibited drug – Resist an officer in the execution of duty – Indicia of drug supply – Offender on conditional liberty at time of offending

Legislation Cited:

Drug Misuse and Trafficking Act,
Crimes (Sentencing Procedure) Act

Cases Cited:

Bugmy v R [2013] HCA 37.
Jinnette v R [2012] NSWCCA 217

Category:

Sentence

Parties:

The Crown
Tyler James Morrish

Representation:

Solicitors:
Director of Public Prosecutions – The Crown

File Number(s):

2017/380688

Judgment

1. HIS HONOUR: Tyler James Morrish is before the Court for sentence in relation to one principal offence of knowingly take part in the supply of a prohibited drug in breach of s 25 subs (1) of the Drug Misuse and Trafficking Act, 1999. The matter has a maximum penalty provided of 15 years and there is no standard non-parole period. I have regard to the maximum penalty in the way contemplated by the authorities and will use it as a guidepost and a bench mark both in terms of the seriousness with which this offence is viewed by the legislature and for comparison with this matter objectively against the worst possible case. I am invited by the parties and will take into account one offence on a Form 1 which is a resist officer in the execution of duty, when sentencing for the principal offence.

2. The facts are agreed as part of the Crown bundle. The facts go first to the resist arrest. In short, the offender on 15 December 2017 attended Miranda police station to report in relation to his then existing bail condition. Police had become aware that there was an outstanding warrant for breach of bond that had been issued the day before by Sutherland Local Court. Police spoke to Mr Morrish about the fresh warrant in circumstances in which he had been arrested on a different warrant and granted bail the day before. Perhaps explicably, he became agitated because, at that stage, he perceived that the police were wanting to arrest him for a warrant that had already been dealt with. That was not the actual situation.

3. In any event, the offender started to use his mobile phone, a police officer told him to get off the mobile phone and stepped towards him, he put his left arm towards the chest of that officer who took hold of the offender’s arm. The offender then fell to the ground, various police officers tried to arrest him and he resisted while he was on the ground. I…