R v XY

[2010] NSWDC 217

CITATION:	R v XY [2010] NSWDC 217
HEARING DATE(S):	10/09/2010
JUDGMENT DATE:	23 September 2010
JURISDICTION:	Crime
JUDGMENT OF:	Norrish QC DCJ
DECISION:	Convicted. Sentenced to a term of imprisonment by way of a non-parole period of 2 years and 6 months. To commence on 17 March 2010 and expire on 16 September 2012. Balance of sentence of 2 years and 6 months. The balance of sentence will expire on 16 March 2015.
CATCHWORDS:	CRIME - Sentence - supply large commercial quantity of prohibited drug - cooperation.
LEGISLATION CITED:	Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Drugs, Poisons and Controlled Substances Act 1981 (Vic)
CASES CITED:	R v Fahs [2007] NSWCCA 26 R v Thomson and Houlton (2000) 49 NSWLR 383 SZ v The Queen (2007) 168 A Crim R 249 R v Sukkar (2006) 172 A Crim R 151 The Queen v El Hani [2004] NSWCCA 162 Davidson v The Queen [2009] NSWCCA 150 Califano [2002] SASC 320 R v Corbett [2008] NSWCCA 42 House v The King (1936) 55 CLR 499 R v Poon [2003] NSWCCA 42 Adams v The Queen [2008] HCA 15 R v Way (2004) 60 NSWLR 168 Ibbs v The Queen (1987) 163 CLR 447 Anderson v The Queen [2008] NSWCCA 211 R v MLP [2006] NSWCCA 271 Lovell & Anor v The Queen [2006] NSWCCA 222 Markarian v The Queen (2005) HCA 25 Wong v The Queen [2001] HCA 64
PARTIES:	Regina XY - Accused
FILE NUMBER(S):	2010/68830
COUNSEL:	Mr Gray - Crown Mr McMahon - Accused

SENTENCE

1 HIS HONOUR: My practice is not to keep prisoners in suspense. I always tell prisoners in advance what penalty I propose to impose. I have to give my reasons which will take some, time particularly in this case. This is a somewhat complicated case. I am prepared to give you a discount of fifty per cent upon the otherwise appropriate sentence, but in the context of the maximum penalty and the need to have regard to the standard non-parole period. The starting point I have fixed upon is ten years imprisonment and that means the total term of imprisonment you will serve will be five years. I will fix a non-parole period of two years and six months. That will commence on the date you came into custody in New South Wales, 17 March 2010, and will expire on 16 September 2012. So you have something just short of two years left to serve in your sentence and the balance of sentence will be two years and six months and that total sentence will expire on 16 March 2015. I have to give my reasons now and then I will make the formal orders, but you know in advance what sentence I propose to impose.

2 I will be using names of persons from the facts but Mr Crown and Mr McMahon, in due course your client’s name will only appear as initials in the judgment and the names of…