R v Wilkinson

[2019] NSWDC 288

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Wilkinson [2019] NSWDC 288

Hearing dates:

29 March 2019

Date of orders:

29 March 2019

Decision date:

29 March 2019

Jurisdiction:

Criminal

Before:

Grant DCJ

Decision:

1) The offender is to enter into a conditional release order without conviction for two years.
2) The offender must not commit any offence.
3) The offender must appear before the Court if called upon.
4) The offender is to abstain from consuming illicit drugs.

In relation to the breach of the s 10 for the drive midrange PCA, the file should be marked that no further action shall be taken in regard to the breach.

Catchwords:

CRIME — Drug offences — Supply prohibited drug — Knowingly take part in supply
SENTENCING — Penalties — Conditional Release Order -— Whether appropriate for 1st time offence — R v Mauger cited

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999
Drug Misuse and Trafficking Act 1985

Cases Cited:

Cobiac v Liddy (1969) 119 CRL 257
Parente v R [2017] NSWCCA 284
R v Mauger [2012] NSWCCA 51
R v Nguyen [2002] NSWCCA 183
Sabra v R [2015] NSWCCA 38
Walden v Hensler [1987] HCA 54
Yardley v Betts (1979) 1 A Crim R 329
v Moon [2000] NSWCCA 534

Category:

Sentence

Parties:

Regina (Crown)
Melinda Wilkinson (Offender)

Representation:

Counsel:
Ms N Walmsley (Crown)
Ms Tanagi (Offender)

File Number(s):

2017/00281665

Judgment

INTRODUCTION

1. Melinda Wilkinson appears for sentence. She has pleaded guilty to one count that on 16 September 2017 at Penrith she did knowingly take part in the supply of a prohibited drug, namely 5.48 grams of 3,4‑methylenedioxyamphetamine known as MDA, contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985 (‘The Act’).

2. The trafficable quantity for MDA is 0.75 grams and the indictable quantity is 1.25 grams. The statutory maximum penalty is 15 years. It is a guidepost for a sentencing judge to steer by but not aim for.

3. I have been asked to take into account one matter on a form 1 which is possession of 0.21 grams of ketamine contrary to s 10(1) of the Drug Misuse and Trafficking Act.

THE PLEA

4. The offender made admissions at the scene and she confirmed those admissions in her record of interview. To one extent it could be said that she has entered a plea at the earliest opportunity.

5. She was originally charged with knowingly concerned but that was not the indictment that was first put before this Court, and then there was a further indictment of knowingly concerned and a plea was entered.

6. The Crown submits that the extent of the plea should be somewhere between 5 and 10%. I allow a discount for the utility of 10%.

THE FACTS

7. At about 10.55am on Saturday 16 September 2017 the offender was walking towards the front ticketing gates at the entrance of the Defqon1 music Festival at the International Regatta Centre in Penrith. She was approached by a police dog which made an indication…