R v Tolmie [2021] NSWDC 597

District Court New South Wales

Medium Neutral Citation: R v Tolmie [2021] NSWDC 597 Hearing dates: 3 September 2021 Date of orders: 29 October 2021 Decision date: 29 October 2021 Jurisdiction: Criminal Before: Bright DCJ Decision: Intensive correction order for 2 years Catchwords: SENTENCING — Mitigating factors — Rehabilitation — Unlikely to re-offend — Plea of guilty SENTENCING — Relevant factors on sentence — Co-offenders — Form 1 offences Legislation Cited: Confiscation of Proceeds of Crime Act 1989 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Category: Sentence Parties: Regina (Crown) Madison Tolmie (Offender) Representation: Solicitors: Mr J Jones (ODPP) Mr R Day (Offender) File Number(s): 2020/00223744 Publication restriction: Nil

Judgment 1. Madison Tolmie, 27 years of age, appears before Gosford District Court for sentence in relation to one offence of supply prohibited drug (methylamphetamine) on an ongoing basis pursuant to s 25A(1), Drug Misuse and Trafficking Act 1985 (NSW). Between 27 April 2020 and 1 May 2020, the offender supplied 16.5 grams of methylamphetamine in three transactions. 2. The maximum prescribed penalty for the offence is 20 years imprisonment. There is no prescribed standard non-parole period. 3. When dealing with the offender for that offence the Court is taking into account one further offence on a Form 1 of knowingly take part in the supply of a prohibited drug (14 grams methylamphetamine) an offence pursuant to s 25(1), Drug Misuse and Trafficking Act. The maximum prescribed penalty for that offence is 15 years imprisonment. There is no prescribed standard non-parole period. 4. The offender pleaded guilty on 18 May 2021 at the Wyong Local Court. Having regard to the timing of the plea, I propose to allow a discount on sentence of 25%. 5. The offender has spent no time in custody in relation to the offences.