R v Taylor & Rafferty [2021] NSWDC 11

District Court New South Wales

Medium Neutral Citation: R v Taylor & Rafferty [2021] NSWDC 11 Hearing dates: 1 February 2021 Date of orders: 8 February 2021 Decision date: 08 February 2021 Jurisdiction: Criminal Before: Priestley SC DCJ Decision: Taylor See [125] Rafferty See [52] Catchwords: CRIME — Drug offences — Ongoing supply CRIME — Drug offences — Supply prohibited drug — Large commercial quantity Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Parente [2017] NSWCCA 284 Wong (2001) 207 CLR 584 Millwood [2012] NSWCCA Muldrock v The Queen [2011] HCA 39 Redfern v R [2012] NSWCCA 178 Wong (2001) 207 CLR 584 Grabovac v R [2018] NSWCCA 100 Tamer v R [2020] NSWCCA 333 R v Qi [2019] NSWCCA 73 Dogan [2019] NSWDC 385 Khaddam [2019] NSWDC 732 R v MA [2004] NSWCCA 92 Texts Cited: Nil Category: Sentence Parties: Regina (Crown) Taylor (Offender) Rafferty (Offender) Representation: Hannah Crown Prosecutor for the NSW DPP

Bell Solicitor for Mr Taylor Webb Solicitor for Mr Rafferty File Number(s): 2019/00358256 & 2019/00381957 Publication restriction: Unrestricted

Judgment

Introduction 1. On 1 February 2021 the Court heard two sentence hearings together. The offenders were Michael John Rafferty and Aaron Taylor. In each case a Crown bundle was tendered and became exhibit A. In each case, the exhibit A referred to certain co-offenders. It was made clear by both the Crown and on behalf of the offenders that parity was not an issue in either case. Whilst there are factual connections between each of the offenders named, the offences the subject of these sentences are sufficiently distinct that this approach should be taken. 2. I propose dealing with both sentences in this one judgment. There is some efficiency in this for the principles relating to sentencing for drug supply are common to both matters. The facts of each case and the subjective matters are of course necessarily different and will be clearly set out.