R v Bagnall [2021] NSWDC 738

District Court New South Wales

Medium Neutral Citation: R v Bagnall [2021] NSWDC 738 Hearing dates: 1 October 2021 Date of orders: 8 October 2021 Decision date: 08 October 2021 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted on each count.

Indicative sentences of imprisonment: SEQ 1 (+Form 1 matters SEQ 3, 8, 9, 16, 19): 6 years SEQ 6: 2 years SEQ 18: 5 years

Aggregate sentence: Special circumstances found to adjust the statutory ratio of the NPP and the balance of term to take account of 3 months in custody prior to this term of imprisonment and to provide for a longer than usual period of parole. Sentenced to a term of imprisonment for 7 years with a NPP of 5 years to commence on 7 February 2021 and expire on 6 February 2026 upon which date he will become eligible for parole, and a balance of term of 2 years to expire on 6 February 2028.

s166 related offences SEQ 12: Fine $750 + Disqualification period: 6 months SEQ 13,15,17: withdrawn and dismissed Catchwords: CRIMINAL – Sentence – drug supply – methylamphetamine – cannabis oil - enhanced indoor cultivation of cannabis for a commercial purpose, 192 plants – Form 1 and s166 matters - possess prohibited weapon (flick knife) without permit – possess prohibited drug, cannabis leaf, buprenorphine - deal with property suspected proceeds of crime –drive vehicle with illicit drug present in blood –role of offender - aggravating features- objective seriousness – subjective matters – indicative and aggregate sentences Legislation Cited: Crimes (Sentencing Procedure) Act Drug Misuse and Trafficking Act 1985 Weapons Prohibition Act 1988 Cases Cited: R v Kerr [2016] NSWCCA 218 Category: Sentence Parties: Regina Bagnall, Richard David Representation: Counsel: Def: Mr T Healey