R v Taylor and Rafferty

[2021] NSWDC 11

District Court

New South Wales

Medium Neutral Citation:

R v Taylor & Rafferty [2021] NSWDC 11

Hearing dates:

1 February 2021

Date of orders:

8 February 2021

Decision date:

08 February 2021

Jurisdiction:

Criminal

Before:

Priestley SC DCJ

Decision:

Taylor See [125]

Rafferty See [52]

Catchwords:

CRIME — Drug offences — Ongoing supply

CRIME — Drug offences — Supply prohibited drug — Large commercial quantity

Legislation Cited:

Drug Misuse and Trafficking Act 1985 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

Parente [2017] NSWCCA 284

Wong (2001) 207 CLR 584

Millwood [2012] NSWCCA

Muldrock v The Queen [2011] HCA 39

Redfern v R [2012] NSWCCA 178

Wong (2001) 207 CLR 584

Grabovac v R [2018] NSWCCA 100

Tamer v R [2020] NSWCCA 333

R v Qi [2019] NSWCCA 73

Dogan [2019] NSWDC 385

Khaddam [2019] NSWDC 732

R v MA [2004] NSWCCA 92

Texts Cited:

Nil

Category:

Sentence

Parties:

Regina (Crown)
Taylor (Offender)
Rafferty (Offender)

Representation:

Hannah Crown Prosecutor for the NSW DPP

Bell Solicitor for Mr Taylor
Webb Solicitor for Mr Rafferty

File Number(s):

2019/00358256 & 2019/00381957

Publication restriction:

Unrestricted

Judgment

Introduction

1. On 1 February 2021 the Court heard two sentence hearings together. The offenders were Michael John Rafferty and Aaron Taylor. In each case a Crown bundle was tendered and became exhibit A. In each case, the exhibit A referred to certain co-offenders. It was made clear by both the Crown and on behalf of the offenders that parity was not an issue in either case. Whilst there are factual connections between each of the offenders named, the offences the subject of these sentences are sufficiently distinct that this approach should be taken.

2. I propose dealing with both sentences in this one judgment. There is some efficiency in this for the principles relating to sentencing for drug supply are common to both matters. The facts of each case and the subjective matters are of course necessarily different and will be clearly set out.

Michael John Rafferty

3. Michael John Rafferty appears for sentence on two charges under section 25A(1) of the Drug Misuse and Trafficking Act (“DMTA”). Each offence has a maximum penalty of 20 years imprisonment. There is no standard non-parole period. The maximum term serves as a legislative guidepost to the appropriate sentence and is one of a range of considerations to take into account in arriving at the ultimate sentence. I note there are no matters to be taken into account by way of the form 1 procedure.

4. The offender was born on 29 December 1986. The offending constituting count one occurred between 16 September 2019 and 15 October 2019, a period of 29 days. I note the element of the offence that more than three supplies occur within a 30 day period. The offending constituting count 2 occurred between 16 October 2019 and 12 November 2019, a period of 27 days. The offender was therefore 32 at the time of the offending and at the date of sentence is 34.

5. The offender was arrested…