R v Daniel Warren Carriage [2020] NSWDC 339

District Court New South Wales

Medium Neutral Citation: R v Daniel Warren Carriage [2020] NSWDC 339 Hearing dates: 26 June 2020 Date of orders: 1 July 2020 Decision date: 01 July 2020 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: See [50] Catchwords: CRIME — Drug offences — Supply prohibited drug — Commercial quantity CRIME – Drug Offences – Deal with property proceeds of Crime Legislation Cited: Drugs Misuse and Trafficking Act 1985 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Attorney General's Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 per Spigelman CJ. Muldrock v The Queen [2011] HCA 39 Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 R v Holder [1983] 3 NSWLR 245 Category: Sentence Parties: Regina (Crown) Carriage (Accused) Representation: Counsel: Mr Stephenson, Solicitor Advocate, for the Crown;

Mr Hussey for the offender File Number(s): 2019/00134891 Publication restriction: Unrestricted

Contents Judgment Introduction Charge, maximum sentence, SNPP Form 1 procedure Standard non-parole period The facts Objective seriousness Section 21A Subjective case Psychologist's report Guilty plea Criminal History Likelihood of reoffending Remorse and contrition Good prospects Covid 19 Totality Special circumstances Sentencing considerations Orders

Judgment

Introduction 1. The offender was born on 12 June 1992 and so is presently 28 years old. The date of the offending is in early 2019 so that the offender was 26 years old at the time of the offending. The offender has been in custody since 30 April 2019 for this offending alone.