R v Roiss [2020] NSWDC 533

District Court New South Wales

Medium Neutral Citation: R v Roiss [2020] NSWDC 533 Hearing dates: 25 June 2020; 26 June 2020 Decision date: 26 June 2020 Jurisdiction: Criminal Before: King SC DCJ Decision: Indicative terms of imprisonment: SEQ 001 – 6 months SEQ 006 – 1 year SEQ 007 – 2 years & 6 months SEQ 010 – 4 years & 6 months SEQ 014 – 3 years SEQ 015 – 2 years SEQ 016 – 14 months SEQ 017 + Form 1 matters [SEQ 13, 021, 026] – 4 years with 3 year NPP Aggregate sentence: Convicted. Sentenced to a term of imprisonment of 6 years, with a NPP of 4 years and 6 months commencing on 26 July 2019 and expiring on 25 January 2024, and a balance of term of 1 year and 6 months commencing on 26 January 2024 and expiring on 25 July 2025. Backup offences [SEQ 019, 020, 022, 023, 024, 025] withdrawn and dismissed. Catchwords: CRIME – Drug Offences – supply prohibited drug – cannabis, cannabis resin, cocaine, MDMA, ketamine, lysergide - knowingly deal with the proceeds of crime – possess prohibited drug, N,N dimethyltryptamine, gammabutrylactone, harmine - early plea – possession of indicia of supply – quantity not sole determinant of sentence in overall circumstances of location of all of the smorgasbord of drugs at the same place and time along with profit admitted to be 1 year's supply – Ellis discount inappropriate – subjective matters , drug use, gambling – aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drugs (Misuse and Trafficking) Act 1985 Cases Cited: Attorney General's application under s 37 of the Crimes (Sentencing Procedure) Act 1999, No. 1 in [2002] NSWCCA 518 R v Thomson; R v Houlton (2000) 49 NSWLR 383 Category: Sentence Parties: Regina Sebastian Roiss Representation: Counsel: Defence: Mr A Wong