District Court
New South Wales
Medium Neutral Citation: R v Winikerei [2023] NSWDC 363 Hearing dates: 3 August 2023 Date of orders: 8 September 2023 Decision date: 08 September 2023 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [97]
Catchwords: Crime – Sentence – Supply prohibited drug – Multiple offences – Delay.
Legislation Cited: Crimes Act 1900
Cases Cited: Bichar v R [2006] NSWCCA 1
Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1
DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Jodeh v R [2011] NSWCCA 194
Parris v R [2013] NSWCCA 5
R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111
R v Quinlin [2021] NSWCCA 284
Turner v R [2011] NSWCCA 189
Category: Sentence Parties: Raiwhara Winikerei (Offender)
Director of Public Prosecutions (Crown)Representation: Counsel:
Solicitors:
Mr F Santisi (Offender)
Mr S Croner (Crown)
File Number(s): 2018/239867 & 2019/241077 Publication restriction: Nil.
REMARKS ON SENTENCE
-
The offender is to be sentenced in respect of two series of offending conduct to which he has entered pleas of guilty. The first are the following two offences:-
Count 1 – Supply prohibited drug greater than indictable quantity and less than commercial quantity, namely 931.3 grams of gamma butyrolactone (“GBL”).
Count 2 – Supply prohibited drug greater than indictable quantity and less than commercial quantity, namely 5.94 grams of methylamphetamine.
-
Both offences occurred on 4 August 2018 and both are offences of deemed drug supply pursuant to s 25(1) and s 29 of the Drug Misuse and Trafficking Act 1985 (“DMTA”). Both carry maximum penalties of 15 years imprisonment. These are to be referred to as “the 2018 offences”. There is a related charge on a s166 certificate, namely Sequence 3 possess prohibited drug, namely cannabis, pursuant to s 10(1) of the DMTA.
-
The second series of offences occurred on 3 August 2019 and comprise the following:-
Count 1 – Supply prohibited drug greater than or equal to commercial quantity, namely 1,204.7 grams of GBL.
This is an offence pursuant to s 25(2) of the DMTA and carries a maximum penalty of 20 years imprisonment.
-
Count 2 – Supply prohibited drug greater than small and less than indictable quantity, namely 4.56 grams of methylamphetamine.
-
Count 3 – Supply prohibited drug greater than small and less than indictable quantity, namely 1.03 grams of 3,4-methylenedioxymethamphetamine.
-
Count 4 – Supply prohibited drug less than or equal to small quantity, namely 1.2 grams of cannabis leaf.
Counts 2 and 3 are each offences pursuant to s 25(1) of the DMTA and carry a maximum penalty of 15 years imprisonment. The maximum penalty for Count 4 is 10 years imprisonment (see s32(1)(h) of the DMTA).
-
These four offences are to be referred to as “the 2019 offences”. There are two related charges on a s166 certificate:-
Sequence 5 – possession of equipment for administering…
Continue reading R v Winikerei
Sign in free to access the full text
- AGLC
- R v Winikerei [2023] NSWDC 363
- Case
- [2023] NSWDC 363
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the appropriate weight to give to the delay in bringing the case to trial and the necessity of imposing a custodial sentence to achieve the objectives of deterrence, rehabilitation, and denunciation. The defence argued that the delay in prosecution should result in a lesser sentence, while the prosecution contended that the delay should not mitigate the severity of the sentence, given the defendant's persistent criminal behaviour. The court was required to balance these competing considerations and apply relevant sentencing principles to arrive at a just outcome.
In delivering the judgment, the court acknowledged the significant delay in bringing the case to trial but found that it did not warrant a substantial reduction in the sentence. The court emphasised the seriousness of the offences, the defendant's persistent involvement in drug supply, and the need for a sentence that would adequately reflect society's condemnation of such conduct. After considering the totality of the circumstances, the court determined that a full-time custodial sentence was warranted to achieve the goals of deterrence, protection of the community, and the defendant's rehabilitation. The court subsequently outlined the specific terms of the custodial sentence in the final orders.
Orders
Orders of the court
Full-time custodial sentence. For orders see [97]
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.