R v La [2020] NSWDC 722

District Court New South Wales

Medium Neutral Citation: R v La [2020] NSWDC 722 Hearing dates: 28/8/20, 2/10/20 Date of orders: 2/10/20 Decision date: 02 October 2020 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Sentenced to an aggregate term of imprisonment of 3 years 3 months with a NPP of 1 year 10 months. Catchwords: Crime – Sentence – Supply prohibited drug – Ongoing supply – MDMA - Cocaine Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Category: Sentence Parties: NSW DPP – Crown Joshua La - Offender Representation: Mr N Angelovski for Crown Mr D Grippi for Offender File Number(s): 18/186474 Publication restriction: None

Judgment 1. The offender, Mr Joshua La, is before the Court for sentence in relation to three offences, firstly, the sequence 2 offence, which is supply prohibited drug, 26.68 grams of MDMA. The maximum penalty for that offence is 15 years imprisonment. The second offence is sequence 4, ongoing supply, of 97.9 grams of cocaine and 5.5 grams of MDMA. The maximum penalty for that offence is 20 years imprisonment. In addition, Mr La requests that in sentencing him for that offence I take into account two matters on a Form 1 document, one being knowingly participate in a criminal group, and the other one being possessing 1.7 grams of cocaine. The third offence for sentence is that of supply prohibited drug, namely 28.3 grams of cocaine and the maximum penalty for that offence is 15 years imprisonment. Of course those maximum penalties are guideposts in the sentencing exercise which I must undertake. 2. The offender pleaded guilty at an early stage and is entitled to a discount of 25% on account of the utilitarian value of that plea of guilty.