R v Can [2021] NSWDC 775

District Court New South Wales

Medium Neutral Citation: R v Can [2021] NSWDC 775 Hearing dates: 14 December 2021 Date of orders: 14 December 2021 Decision date: 14 December 2021 Jurisdiction: Criminal Before: Neilson DCJ Decision: Aggregate sentence 4 years with a non-parole period of 3 years. Indicative sentences: Seq. 1: 1 yr 6 months Seq. 2: 3 yrs 9 months NPP 2 yrs 9 months. Catchwords: CRIME – SENTENCE – Two substantive offences: (1) Deemed supply 59.74 grams methylamphetamine; (2) Deemed supply 3.356 kgs of GBL (commercial quantity) – 58 year old offender with extensive criminal history including offences of the same type. Offences committed whilst on parole – COMMENCEMENT DATE OF SENTENCE – DISCRETIONARY. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Nil. Texts Cited: Nil. Category: Principal judgment Parties: R – Crown Offender – Vural Can Representation: Crown Braid, H instructed by the Office of the Director of Public Prosecutions Offender Beaufils, D. instructed by Abbas Jacobs Lawyers. File Number(s): 2020/00296867 Publication restriction: Nil.

Judgment 1. HIS HONOUR: Vural Can stands for sentence as a consequence of pleading guilty to two substantive charges. The first is that between 8pm and 8.08pm on 15 October 2020, at Eastlakes, he did possess with the purpose of supply a prohibited drug, namely 59.74 grams of methylamphetamine. The second substantive charge is that between 8.08pm and 8.50pm, on 15 October 2020, at Eastlakes, he did possess, with the purpose of supplying, a prohibited drug, namely 3.356 kilograms of Gamma-Butyrolactone ("GBL"), being an amount which was not less than the commercial quantity applicable to that prohibited drug. The offender also asks me to take into account on a Form 1, when sentencing for the second offence that I have just quoted, a charge that between 1am and 8.05pm on 15 October 2020, at Sydney, he did supply a prohibited drug, namely 112.86 grams of gamma-Butyrolactone. 2. It is accepted by the Crown that the offender pleaded guilty to each of those charges at the earliest available opportunity and therefore is entitled to the statutory discount of 25% of the proper sentence to be passed upon him for the commission of these crimes.