R v Redman

[2020] NSWDC 554

District Court

New South Wales

Medium Neutral Citation:

R v Redman [2020] NSWDC 554

Hearing dates:

22 July 2020

Decision date:

22 July 2020

Jurisdiction:

Criminal

Before:

Haesler SC DCJ

Decision:

Sentenced to a term of imprisonment of 3 years 4 months. Non parole period of 2 years.

Catchwords:

CRIME - Drug offences - Supply prohibited drug - cannabis leaf - rolled up quantity.

SENTENCING – Relevant factors on sentencing – early guilty plea - sale for profit by addict – role - quantity supplied - nature of supply- pro-social support in community - COVID 19 restrictions on visits in gaol - application of parity principle – Intensive Correction in the community not appropriate - special circumstances – need for drug rehabilitation in the community

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Drug (Misuse and Trafficking) Act 1985

Cases Cited:

R v O’Dwyer [2020] NSWDC 151

Valentine v R [2020 NSWCCA116

Category:

Sentence

Parties:

Richard Stuart Redman (the offender)
Director of Public Prosecutions

Representation:

Counsel:
Mr H. White (for the offender)

Solicitors:
Johnson & Sendall (for the offender)
Ms S Foggo (for Director of Public Prosecutions)

File Number(s):

2019/00178418

SENTENCE – ex tempore revised

1. Richard Redman is for sentence today for one charge of supplying the prohibited drug, cannabis, in the indictable quantity: s 25(1) Drug (Misuse and Trafficking) Act 1985. That offence carries a maximum penalty of ten years imprisonment. The quantity of cannabis, which is one of many factors that must be taken into account, was arrived at by amalgamating a number of transactions. To roll up those transactions in the manner done here is not uncommon. It was done with the consent of the offender, and allows for a sentence appropriate to the totality of his offending to be imposed. The rolled up quantity of cannabis, subject of the count, brings the total closer to the commercial quantity but I sentence on the basis of the section and the maximum penalty that applies to this offence not some other.

2. There a matter on a Crimes (Sentencing Procedure) Act 1999 Form 1 to which Redman has admitted his guilt. Given the nature of that drug, the quantity of that drug and the rationale for possessing it given to his psychologist, this matter would not add one day to the sentence that I impose. A purpose fulfilled properly by the Form 1 procedure effectively clears the slates of outstanding matters.

3. Redman has been in custody since his arrest on 7 June 2019. He pleaded guilty at an early opportunity and he made admissions and cooperated with the police and prosecution in bringing this matter to finality; all maters I take into account.

4. I turn briefly to the agreed facts. In 2018 a police strike force was investigating the supply of cannabis in the Goulburn area. Redman’s telephone calls were lawfully intercepted from 13 November 2018. The transactions, the subject of this matter, occurred between November 2018 and May 2019.

5. The offender was sourcing cannabis from a man called…