R v Embradora [2020] NSWDC 849

District Court New South Wales

Medium Neutral Citation: R v Embradora [2020] NSWDC 849 Hearing dates: 6 October 2020 Date of orders: 6 October 2020 Decision date: 06 October 2020 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Impose an aggregate sentence of six years and three months and an aggregate non-parole period of three years and 10 months. In relation to the offence on the s 166 certificate, record a conviction. Catchwords: CRIME — Drug offences — Supply prohibited drug — Commercial quantity CRIME — Dealing with money suspected of being proceeds of crime Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW), s 25(1) Crimes Act 1900 (NSW), s 193B(2) Poisons and Therapeutic Goods Act 1966 (NSW) Criminal Procedure Act 1986 (NSW), s 166 Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Category: Sentence Parties: Director of Public Prosecutions (Crown) Mr Gian Carlo Embradora (Offender) Representation: Counsel: Mr D Grippi (Offender)

Solicitors: Ms A Hooper (Crown) Ms T Merriman (Offender) File Number(s): 2018/381102 Publication restriction: Nil

SENTENCE

Introduction 1. HIS HONOUR: The offender stands to be sentenced having pleaded guilty to the following three offences. 2. That on 13 April 2018 at Riverstone he supplied an amount of a prohibited drug, namely 11 kilograms of cocaine, being an amount not less than the large commercial quantity applicable to that prohibited drug. That is an offence under s 25(2) of the Drug Misuse and Trafficking Act and has a maximum penalty of life imprisonment and/or a fine equivalent to 5,000 penalty units. There is an applicable standard non-parole period of 15 years. 3. The second offence is that on the same date and at the same place he supplied a prohibited drug, namely 188.3 grams of 1,4-Butanediol, being an amount which was greater than the indictable quantity applicable to that drug. That is an offence under s 25(1) of the Drug Misuse and Trafficking Act and has a maximum penalty of 15 years imprisonment and/or a fine equivalent to 2,000 penalty units. There is no applicable standard non-parole period. 4. The third offence is that on the same date and at the same place he dealt with the proceeds of crime, namely $19,850 in Australian currency knowing that it was the proceeds of crime. That is an offence under s 193B(2) of the Crimes Act and has a maximum penalty of 15 years imprisonment. There is no applicable standard non-parole period. 5. The offender also acknowledges his guilt and asks that I take into account when sentencing him on the supply not less than the commercial quantity of cocaine offence a further supply cocaine offence where the amount of cocaine involved was 3 grams. That offence will have a very limited impact upon the sentence for the primary offence given the small amount involved. There is also a related offence on a certificate under s 166 of the Criminal Procedure Act that on the same date and at the same place as the other offences the offender possessed a prescribed restricted substance under the Poisons and Therapeutic Goods Act, being 12 prefilled syringes of Primoteston Depot testosterone enanthate in the amount of 250 mls.