R v Anderson [2022] NSWDC 75

District Court New South Wales

Medium Neutral Citation: R v Anderson [2022] NSWDC 75 Hearing dates: 9 February 2022 Date of orders: 9 February 2022 Decision date: 09 February 2022 Jurisdiction: Criminal Before: Bright DCJ Decision: See paragraphs [76] and [79]. Catchwords: CRIME — Drug offences — Supply prohibited drug — Commercial quantity — Indictable quantity — Firearms offences — Unauthorised possession of firearm Legislation Cited: Confiscation of Proceeds of Crime Act 1989 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Firearms Act 1996 (NSW) Cases Cited: Cahyadi v R [2007] NSWCCA 1 Category: Sentence Parties: Regina (Crown) Keith Anderson (Defendant) Representation: Solicitors: Allan (Crown) Gatenby (Defendant) File Number(s): 2020/00345482

Judgment 1. Keith Anderson, 38 years of age, appears before Gosford District Court for sentence in relation to the following offences: 1. Supply prohibited drug (commercial quantity, 3,4 methylenedioxyamphetamine 309.6 grams) an offence pursuant to s 25(2), Drug Misuse and Trafficking Act. The maximum prescribed penalty for that offence is 20 years' imprisonment. There is a prescribed standard non-parole period of ten years; 2. Supply prohibited drug (commercial quantity, cannabis 42.329 kilograms) an offence pursuant to s 25(2), Drug Misuse and Trafficking Act. The maximum prescribed penalty is 15 years' imprisonment. There is no prescribed standard non-parole period; 3. Supply a prohibited drug (cocaine 106.53 grams) 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. Supply prohibited drug (methylamphetamine 139.4 grams) 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; 5. Knowingly deal with proceeds of crime ($39,190), an offence pursuant to s 193B(2), Crimes Act. The maximum prescribed penalty for that offence is 15 years' imprisonment. There is no prescribed standard non parole period; 6. Possess unauthorised firearm (seven firearms), an offence pursuant to s 7A(1), Firearms Act. The maximum prescribed penalty for that offence is five years' imprisonment. 1. The offender is also being sentenced for one offence on a s 166 certificate of not keep firearm safely (seven firearms). The maximum prescribed penalty for that offence is 12 months' imprisonment. 2. All the items were found strewn across the M1 motorway on the Central Coast after the offender's vehicle had collided with several other vehicles. 3. The offender pleaded guilty on 5 October 2021 at the Wyong Local Court. Having regard to the timing of the plea, I propose to allow a discount on sentence of 25%. 4. The offender has been in custody since his arrest on 5 December 2020. The sentence imposed today will be backdated to that date.