R v Simonovski [2020] NSWDC 848

District Court New South Wales

Medium Neutral Citation: R v Simonovski [2020] NSWDC 848 Hearing dates: 11-14, 17-21, & 24 August 2020 (Trial); 9 October 2020 (Sentence Hearing) 16 October 2020 (Sentence) Date of orders: 16 October 2020 Decision date: 16 October 2020 Jurisdiction: Criminal Before: R. J. Weber SC DCJ Decision: In respect of Count 1 on the Indictment, the offender is sentenced to a term of imprisonment of 3 years, with a non-parole period of 2 years. The Court directs that such a term of imprisonment shall commence on 24 June 2020 and that the non-parole period shall expire on 23 June 2022, with the balance to expire on 23 June 2023. The offender is convicted of the offences on the s 166 certificate. In respect of Sequence 2 on the s 166 certificate, being the possession of a prohibited drug, namely 0.15g of methylamphetamine, the offender is sentenced to a term of imprisonment of 7 months, with no non-parole period, such sentence to commence on 24 June 2020 and expire on 23 January 2021. In respect of Sequence 4 on the s 166 certificate, being the dealing with the proceeds of crime in the sum of $1,069.25, the offender is sentenced to a term of imprisonment of 7 months, with no non-parole period, such sentence to commence on 24 June 2020 and expire on 23 January 2021. Catchwords: CRIME — Drug offences – Ongoing supply of drugs – Indictable quantity – Less than commercial quantity – Methylamphetamine CRIMINAL PROCEDURE — Back up and related offences — Procedures SENTENCING — Commencement – Complicated matrix of factors in relation to pre-sentence custody and an appropriate start date – Offender on four Intensive Correction Orders at the time of offending Legislation Cited: Criminal Procedure Act 1984 Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Choi v R [2007] NSWCCA 150 at [157]; Markarian v The Queen (2005) 228 CLR 357 at [51]; Mill v The Queen (1988) 166 CLR 59 at 66; [1988] HCA 70; Postiglione v The Queen (1997) 189 CLR 295 at [307-308]; Rafaieh v R [2018] NSWCCA 72 at [48]; R v Cahyadi [2007] 168 A Crim R 41 at [27]; R v Karageorge [1999] NSWCCA 213; R v Van Ryn [2016] NSWCCA 1 at [228]-[230] Category: Sentence Parties: Regina Natalie Simonovski (Offender) Representation: Counsel: Mr P Allport (Offender)