R v Hamilton [2022] NSWDC 229

District Court New South Wales

Medium Neutral Citation: R v Hamilton [2022] NSWDC 229 Hearing dates: 22 June 2022 Date of orders: 24 June 2022 Decision date: 24 June 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Andrew William Hamilton is convicted. 2 I impose an aggregate sentence of 2 years and 6 months to be served by way of an Intensive Corrections Order. 3 The sentence will commence today (24 June 2022) and expire on 23 December 2024. Catchwords: CRIME — Drug offences — Supply prohibited drug — Commercial quantity CRIME — Drug offences — Supply prohibited drug — Indictable quantity Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Mandranis v R [2021] NSWCCA 97 Muldrock v R (2011) 244 CLR 120 Parente v R [2017] NSWCCA 284 R v Olbrich (1999) 199 CLR 270 R v Qi [2019] NSWCCA 73 Wany v DPP [2020] NSWCA 318 Category: Sentence Parties: Director of Public Prosecutions (Crown) Andrew Hamilton (Offender) Representation: Counsel: B Barrack (Offender)

Solicitors: ODPP JB Corban Lawyers (Offender) File Number(s): 2021/161874 Publication restriction: None

Judgment

Introduction 1. Andrew William Hamilton (the offender) appears for sentence after pleading guilty in the Local Court to the following offences: Sequence Offence Maximum Penalty and SNPP H81004338 2 Supply a commercial quantity of a prohibited drug, being 3.42g of lysergic acid (LSD), contrary to s 25(2) Drug Misuse and Trafficking Act 1985. 20 years and/or fine of 3,500 PU SNPP – 10 years 3 Supply an indictable quantity of a prohibited drug, being 34.16g of 3,4 methylenedioxy-methamphetamine (MDMA), contrary to s 25(1) Drug Misuse and Trafficking Act 1985. 15 years and/or fine of 2,000 PU 12 Supply a large commercial quantity of a prohibited drug, being 271.5g psilocin (magic mushrooms), contrary to s 25(2) Drug Misuse and Trafficking Act 1985. Life and/or fine of 5,000 PU SNPP – 15 years