R v Fletcher [2020] NSWDC 928

District Court New South Wales

Medium Neutral Citation: R v Fletcher [2020] NSWDC 928 Hearing dates: 16 December 2020 Date of orders: 16 December 2020 Decision date: 16 December 2020 Jurisdiction: Criminal Before: Neilson DCJ Decision: See pars [4], [79], [83], [85] Catchwords: CRIME – SENTENCE 40 year old woman, principal of a small enterprise selling methylamphetamine and gamma butyrolactone to persons she knew or had contact with, who, like her, were other drug users. 20 offences: (a) 8 counts of supplying a small amount of prohibited drug; (b) 8 counts of supplying a trafficable quantity of prohibited drug; (c) 2 counts of (deemed) supplying an indictable quantity of prohibited drug (drugs found in her premises where search warrant executed); (d) 2 counts of dealing with proceeds of crime, $11,000 and $9940. Offences committed while subject to Community Corrections Orders. Called up for breach of CCO's and sentenced to 3 months imprisonment from date of arrest, 10 January 2020. Extenuating personal circumstances – how she came to be a regular drug user. Onerous conditions of incarceration (diagnosed with breast cancer; surgery and subsequent radiotherapy and chemotherapy whilst in gaol). Special circumstances arising from onerous conditions of incarceration. Head sentence 3 years commencing 10 February 2020 with NPP of 1 year 6 months expiring on 9 August 2021. Legislation Cited: Confiscation Proceeds of Crime Act 1989 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: DPP v Cooke [2007] NSWCA 2 R v Dinh [2010] NSWCCA 74 Siemek v R [2017] NSWCCA 18 Young v Regina [2007] NSWCCA 14 Texts Cited: Nil Category: Sentence Parties: R – Crown Offender – Emma Kimberley Fletcher Representation: Crown MacKenzie Offender Parsons File Number(s): 2020/00009651 Publication restriction: Nil