R v Cotterill [2019] NSWDC 913

District Court New South Wales

Medium Neutral Citation: R v Cotterill [2019] NSWDC 913 Hearing dates: 8 July 2019 Date of orders: 30 July 2019 Decision date: 30 July 2019 Jurisdiction: Criminal Before: Bright DCJ Decision: Taking into account the Form 1 matters, convicted and sentenced to a total aggregate sentence of three years to date from 11 November 2018 and expire on 10 November 2021 with a non‑parole period of two years to date from 11 November 2018 and expire on 10 November 2020. Catchwords: CRIME – sentence – drug supply – direct activities of criminal group Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Attorney-General's Application under s37 of the Crime Sentencing Procedure Act 1999 No 1 of 2002, (2002) 56 NSWLR 146 Bugmy v R [2013] HCA 37 Cahyadi v R [2007] NSWCCA 1 Parente v R [2017] NSWCCA 284 Category: Sentence Parties: Regina (Crown) Allan Cotterill (Offender) Representation: Solicitors: Solicitor for the Director of Public Prosecutions Ross Hill & Associates File Number(s): 2018/00148800 Publication restriction: Nil

SENTENCE 1. Allan Cotterill, 27 years of age, appears for sentence in relation to the following offences: 1. H68649369, sequence 6, supply prohibited drug (40 grams methylamphetamine) an offence pursuant to s 25(1) of the Drug Misuse and Trafficking Act. The maximum prescribed penalty for that offence is 15 years imprisonment. There is no prescribed standard non‑parole period. 2. H68649369, sequence 1, knowingly direct activities of a criminal group (between 6 February 2018 and 10 May 2018) an offence pursuant to s 93T (4A) of the Crimes Act. The maximum prescribed penalty for that offence is 15 years imprisonment. There is no prescribed standard non‑parole period. When sentencing the offender for that offence the Court is taking into account a further two offences on a Form 1 as follows: * H68649369, sequence 13, supply prohibited drug (124 grams of cannabis) an offence pursuant to s 25(1) of the Drug Misuse and Trafficking Act. The maximum prescribed penalty for that offence is ten years imprisonment. * H68649369, sequence 23, supply prohibited drug (6.89 grams methylamphetamine) an offence pursuant to s 25(1) of s 29 of the Drug Misuse and Trafficking Act. The maximum prescribed penalty is 15 years imprisonment. 1. H686493969, sequence 24, deal with property suspected of being proceeds of crime ($38,400) an offence pursuant to s 193C (2) Crimes Act. The maximum prescribed penalty for that offence is three years imprisonment. 1. The offender is also being sentenced for one offence on a s 166 certificate as follows: H68649369 sequence 21, hinder police in the execution of duty, an offence pursuant to s 546C of the Crimes Act. The maximum prescribed penalty for that offence is imprisonment for 12 months and/or ten penalty units. 2. The offender pleaded guilty on 5 February 2019 at the Wyong Local Court. Having regard to the timing of the plea, I propose to allow a discount on sentence of 25%. 3. The offender has been in custody since his arrest on 11 May 2018. Between 11 May 2018 and 10 May 2019 he was serving sentences in relation to unrelated matters. He has been in custody solely in relation to the offences for which he is to be sentenced today since 11 May 2019. 4. Having regard to the issue of totality, I propose to date the sentences imposed today from 11 November 2018.