R v Mackie [2021] NSWDC 94

District Court New South Wales

Medium Neutral Citation: R v Mackie [2021] NSWDC 94 Hearing dates: 14 December 2020 Date of orders: 29 January 2021 Decision date: 29 January 2021 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Aggregate sentence imposed one of 4 years imprisonment with a non-parole period of 2 years and 9 months. Catchwords: CRIME — Violent offences — Detain for advantage CRIME — Drug offences — Supply prohibited drug CRIME — Drug offences — Possess prohibited drug Legislation Cited: Crimes Act 1900 (NSW) s 86(2)(a) Drug Misuse and Trafficking Act 1985 (NSW) s 25(2) Criminal Procedure Act 1986 (NSW) s 166 Crimes (Sentencing Procedure) Act 1999 (NSW) s 3A Drug Court Act 1998 (NSW) s 18B Cases Cited: Bullock v R [2016] NSWCCA 131 BP v R [2010] NSWCCA 159 Category: Sentence Parties: Director of Public Prosecutions (Crown) Mati Mackie (Offender) Representation: Counsel: Ms Graham (Crown) Mr Robinson (Offender)

Solicitors: File Number(s): 2019/231295; 2020/79086 Publication restriction: Nil

SENTENCE

Introduction 1. The offender Mati Mackie is to be sentenced, having pleaded guilty to the following offences. On 13 April 2018, he did without the consent of Shaynaya Fitzpatrick with the intention of obtaining an advantage, namely, information relating to Paul Fitzpatrick, did detain her, while he was in the company of Joseph Shanahan, Jarrod Moran and James Veatufunga. That is a common offence with the offender Mr Moran and the offender Mr Veatufunga. I have just sentenced Mr Moran and I will sentence Mr Veatufunga a little later. It is an offence under s 86(2)(a) of the Crimes Act and has a maximum penalty of 20 years imprisonment and there is no applicable non-parole period. 2. The offender is also to be sentenced for an offence that on 11 March 2020 he supplied a prohibited drug, namely, 499.8 grams of cocaine being an amount which was not less than the 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 20 years imprisonment and there is a standard non-parole period of ten years. 3. The offender also acknowledges his guilt in relation to a possess prohibited drug offence, the possession of 7.87 grams of Stanozolol and asks that I take that offence into account on a Form 1 when sentencing him on the supply prohibited drug offence. Given the amount of drug, the subject of the Form 1 offence, it has a very limited effect upon the sentence I will impose on the supply of prohibited drug offence. 4. I understand there is a back-up offence related to the supply prohibited drug offence on a certificate under s 166 of the Criminal Procedure Act which is to be withdrawn and dismissed upon the completion of these remarks on sentence.