R v Col [2021] NSWDC 89

District Court New South Wales

Medium Neutral Citation: R v Col [2021] NSWDC 89 Hearing dates: 5 March 2021 Decision date: 25 March 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [85] Catchwords: Fraud; multiple supply prohibited drugs and deal with proceeds of crime offences; aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse & Trafficking Act 1985 Cases Cited: Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1 Caristo v R [2011] NSWCCA 7 Imbornone v R [2017] NSWCCA 144 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 R v Fidow [2004] NSWCCA 172 White v R [2016] NSWCCA 190 Category: Sentence Parties: Director of Public Prosecutions (Crown) Ercan Col (Offender) Representation: Counsel: P Allport

Solicitors: M Heywood File Number(s): 19/153203 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of the following matters to which he has pleaded guilty: Count 1/Sequence 14 – Dishonestly obtain property by deception pursuant to s 192E(1)(a) of the Crimes Act 1900. The maximum penalty for this offence is 10 years imprisonment and there is no Standard Non-Parole Period. Count 2/Sequence 3 – Supply drugs on an ongoing basis pursuant to s 25A(1) of the Drug Misuse & Trafficking Act 1985 ("DMTA"). The maximum penalty for this offence is 20 years imprisonment and/or a fine of $385,000. There is no Standard Non-Parole Period. Count 3/Sequence 4 – Supply prohibited drug greater than indictable and less than commercial quantity pursuant to s 25(1) of the DMTA. The maximum penalty for this offence is 15 years imprisonment and/or a fine of $220,000. There is no Standard Non-Parole Period. Count 4/Sequence 7 – Knowingly deal with proceeds of crime pursuant to s 193B(2) of the Crimes Act 1900. The maximum penalty for this offence is 15 years imprisonment. There is no Standard Non-Parole Period. Count 5/Sequence 8 – Supply prohibited drug greater than large commercial quantity pursuant to s 25(2) of the DMTA. The maximum penalty for this offence if life imprisonment and/or a fine of $550,000. There is a Standard Non-Parole Period of 15 years imprisonment for this offence. 1. The offender has asked that the following offence be taken into account on a Form 1 attached to Count 2/Sequence 3, supply prohibited drugs on an ongoing basis: Sequence 5 – an offence of supply prohibited drugs pursuant to s 25(1) of the DMTA. The maximum penalty for this offence is 15 years imprisonment and/or a fine of $220,000. The offender has admitted his guilt in respect of this offence and has asked that it be taken into account on sentence. 1. The offences occurred between 6 April and 15 May 2019. The offender was arrested on 15 May 2019 and has been in custody on remand since that date.