R v Pink

[2021] NSWDC 47

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Pink [2021] NSWDC 47

Hearing dates:

21 January 2021 and 15 February 2021

Decision date:

19 March 2021

Jurisdiction:

Criminal

Before:

Mahony SC DCJ

Decision:

Full-time custodial sentence. For orders on re-sentence see [109]

Catchwords:

Supply prohibited drug; attempt to possess a marketable quantity of unlawfully imported border controlled drug.

Legislation Cited:

Crimes Act 1914 (Cth)

Crimes (Sentencing Procedure) Act 1999

Criminal Code Act 1995 (Cth)

Drug Misuse & Trafficking Act (NSW) 1985

Cases Cited:

Adams v The Queen (2008) 234 CLR 143; [2008] HCA 15

Aryal v R [2021] NSWCCA 2

Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1;

R v Achurch (2011) 216 A Crim R 152; [2011] NSWCCA 186

R v Badanjak [2004] NSWCCA 395

R v Booth [2009] NSWCCA 89

R v Cicekdag (2004) 150 A Crim R 299; [2004] NSWCCA 357

R v Danhach (Court of Criminal Appeal, 12 August 1977, unreported)

R v Nguyen; R v Pham (2010) 205 A Crim R 106; [2010] NSWCCA 238

R v Vachalec (1981) 1 NSWLR 351

Zahab v R [2021] NSWCCA 7

Category:

Sentence

Parties:

Director of Public Prosecutions (Crown)
Michael Robert Pink (Offender)

Representation:

Counsel:
T Jackson (Crown)
S Corish (Offender)

Solicitors:
M Oleg (Crown)
P Purcell (Offender)

File Number(s):

19/368684

Publication restriction:

Nil

REMARKS ON SENTENCE

1. The offender is to be sentenced in respect of the following two matters for which he has entered pleas of guilty:

Count 6 – offence pursuant to s 25(1) of the Drug Misuse & Trafficking Act (NSW) 1985 (“DMTA”) of supply prohibited drug (Ketamine).

The maximum penalty proscribed is imprisonment for 15 years and/or a fine of 2000 penalty units (up to $420,000).

Count 8 – offence pursuant to s 307.2(1) and s 311.1 with s 11.1 of the Criminal Code Act 1995 (Cth) (“the Criminal Code”) of attempt to possess a marketable quantity of unlawful import border controlled drug (Ketamine).

The maximum penalty proscribed for that offence is 25 years imprisonment or a fine of 5000 penalty units (up to $1,000,050,000).

2. The offender has asked that two matters be taken into account on a Form 1 attached to Count 6 as follows:

Sequence 5 – offence pursuant to s 25(1) of the DMTA – supply prohibited drug (MDMA); and

Sequence 7 – offence pursuant to s 25(1) of the DMTA – supply prohibited drug (cocaine).

3. The offender has admitted his guilt in respect of Sequences 5 and 7 on the Form 1 and has asked that both matters be taken into account on sentence for Count 6.

4. The offender was arrested on 13 November 2019 and has been in custody since that date.

The sentence hearing

5. The sentence hearing commenced on 21 January 2021. The Commonwealth Crown Sentence Summary became Ex A and included a Statement of Agreed Facts which may be summarised as follows. Count 6 concerned a supply of ketamine on 14 November 2019,…