R v Scanes [2022] NSWDC 102

District Court New South Wales

Medium Neutral Citation: R v Scanes [2022] NSWDC 102 Hearing dates: 4 April 2022 Date of orders: 7 April 2022 Decision date: 07 April 2022 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: See [79 - 81] Catchwords: CRIME — Drug offences — Supply prohibited drug — Indictable quantity Legislation Cited: Drugs Misuse and Trafficking Act 1985 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Bail Act 2013 (NSW) Cases Cited: Redfern v R [2012] NSWCCA 178 Mandranis [2021] NSWCCA 97 Alferink [2021] NSWDC 473 Mill v The Queen (1988) 166 CLR 59 R v Todd [1982] 2 NSWLR 517 R v Holder [1983] 3 NSWLR 245 Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Texts Cited: Nil Category: Sentence Parties: Crown (Regina) Scanes (Offender) Representation: Counsel for the Accused

File Number(s): 2019/00164036 Publication restriction: Unrestricted

Judgment 1. Jason Rodney Scanes appears for sentence on three charges of supplying a prohibited drug in breach of section 25(1) of the Drugs Misuse and Trafficking Act (DMTA) and two counts of dealing with proceeds of crime under section 193B(2) of the Crimes Act. Each of these offences has a 15 year maximum penalty. I take the maximum penalties into account as the legislative guidepost to assist in arriving at the appropriate sentence. There is no standard non-parole period in respect of any of the offences. 2. There are two charges to be dealt with on a Form 1. One is the offence of possession of a prohibited drug namely cannabis leaf in breach of section 10 DMTA which has a maximum term of two years and/or 20 penalty units, and the second is the offence of failing to appear in breach of section 79 of the Bail Act, the maximum penalty for which is relevantly three years imprisonment or 30 penalty units. 3. In regard to the Form 1 procedure it is important that the focus remains on the principal offence for which the offender is being sentenced. The procedure allows that in doing this greater weight may be given to the elements of personal deterrents and the community's entitlement to extract retribution for serious offences. Those two elements are entitled to greater weight than they may otherwise be given when sentencing for the primary offence; see Attorney General's Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 per Spigelman CJ. The Form 1 matters are to be taken into account when sentencing for count 1 which is the first of the supply offences. 4. The Crown bundle includes two section 166 certificates. One is in respect of the possess offence and one in respect of the fail to appear offence. The certificate brings the matters into the District Court, and I take these matters into account by way of the Form 1 procedure and will not be sentencing them summarily.