R v Wright [2021] NSWDC 582

District Court New South Wales

Medium Neutral Citation: R v Wright [2021] NSWDC 582 Hearing dates: 16 September 2021 Decision date: 28 October 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [100] Catchwords: CRIME – supply large commercial quantity of a prohibited drug – MDMA – deal with property proceeds of crime – greater than $100,000 – supply prohibited drug – cocaine – steal property in dwelling house – less than $2,000 in value. Legislation Cited: Drug Misuse and Trafficking Act 1985 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1;[2010] NSWCCA 194 DPP (Cth) v Saadieh [2021] NSWSC 1186 Nguyen v R [2019] NSWCCA 209 R v Qi [2019] NSWCCA 73; 277 A Crim R 82 R v Van Ryn [2016] NSWCCA 1 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Sentence Parties: Director of Public Prosecutions (Crown) Timothy Wright (Offender) Representation: Counsel: J. Peluso (Offender)

Solicitor/Trial Advocate: A. Chauvet (Crown) File Number(s): 2020/00151476

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of the following charges. Count 1 – supply large commercial quantity of prohibited drug, being 1907.5 g of methylenedioxy-methylamphetamine ("MDMA") pursuant to s 25(2) of the Drug Misuse and Trafficking Act 1985 ("DMTA"). The maximum penalty prescribed is life imprisonment and there is a standard non-parole period of 15 years imprisonment. Sequence 2 – deal with property proceeds of crime greater than $100,000 ($187,500) pursuant to s 193C(1) of the Crimes Act 1900. The maximum penalty prescribed is five years imprisonment. There is no standard non-parole period. 1. The offender has asked that the following matters be dealt with on a Form 1 referable to Count 1: 1. Supply prohibited drug (104.1g of cocaine), contrary to s 25(1) of the DMTA. 2. Steal property in dwelling house less than $2000 in value, contrary to s 148 of the Crimes Act 1900. 1. The offender has admitted his guilt in respect of each of the above matters, and has asked that they be taken into account on sentence. 2. The offences occurred on 21 May 2020 and he was arrested on that date. He has been on bail since his arrest.