R v LeGros [2020] NSWDC 733

District Court New South Wales

Medium Neutral Citation: R v LeGros [2020] NSWDC 733 Hearing dates: 09 October 2020 Date of orders: 09 October 2020 Decision date: 09 October 2020 Jurisdiction: Criminal Before: Neilson DCJ Decision: Sentence – 3 years with release on recognizance on day of sentence, including a condition requiring offender to complete rehabilitation course. Catchwords: CRIME – SENTENCE Attempt to possess a marketable quantity (739.86 grams) of cocaine. Offender drove from Rosebay to Balgowlah to collect a package from a postal locker – Package had been removed from locker by police – Court asked to take into account a similar crime on a schedule pursuant to s16BA, Crimes Act 1914 (Cth). Offender in gaol from arrest in 9 October 2019 until granted bail on 15 April 2020, to enter a 1 year full-time rehabilitation programme – Offender made excellent progress with rehabilitation to date of sentence – Had powerful subjective case – 40% discount for guilty plea and assistance. Legislation Cited: Crimes Act 1914 (Cth) Criminal Code (Cth) 1995 Cases Cited: Brown v R (2013) 228 A Crim R 298 R v Conroy [2020] NSWDC 604 R v Falls [2004] NSWCCA 335 R v Irusta [2000] NSWCCA 391 Category: Sentence Parties: Regina (Crown) Ryan LeGros (Offender) Representation: Cathcart (Crown) Thangaraj SC (Offender) File Number(s): 2019/00309070 Publication restriction: Nil.

Judgment 1. HIS HONOUR: Ryan LeGros stands for sentence as a consequence of pleading guilty to a charge that on 26 July 2019 he did attempt to possess a substance, the substance having been unlawfully imported, the substance being a border controlled drug, namely cocaine, and the quantity possessed being the marketable quantity. That is an offence contrary to s 307.6(1) in combination with s 11.1(1) of Criminal Code (Cth). The maximum penalty for the offence is imprisonment for 25 years and/or a fine equivalent to 5000 penalty units. The offender asks me to take into account on a schedule pursuant to s 16BA of the Crimes Act 1914, a similar offence committed on 3 August 2019, when he attempted to possess a second marketable quantity of cocaine.