R v Windley [2022] NSWDC 304

District Court New South Wales

Medium Neutral Citation: R v Windley [2022] NSWDC 304 Hearing dates: 22 July 2022 28 July 2022 Date of orders: 28 July 2022 Decision date: 28 July 2022 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: 1. Of the offence under section 25A(1) of the Drugs Misuse and Trafficking Act and the offence under section 74 of the Firearms Act the offender is convicted. 2. Taking into account the matters on the form 1 and noting the indicative sentences after applying the 25% discount for the pleas of guilty, the offender is sentenced to a non-parole period of 2 years and 10 months commencing on 29 December 2020 and expiring on 28 October 2023 with a balance of term of 17 months expiring on 28 March 2025. Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW) Firearms Act 1996 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: R v Hoon 2000 NSWCCA 137 Category: Sentence Parties: Regina (Crown) Windley (Offender) Representation: Dubiniecka Solicitor for the NSW Director of Public Prosecutions Cranney Counsel for the Accused File Number(s): 2020/00369001 Publication restriction: Unrestricted

JUDGEMENT 1. Nathan James Windley appears for sentence on two charges. The first charge is brought under section 25A(1) of the Drug Misuse and Trafficking Act 1985, that the offender did on three or more separate occasions during a period of 30 consecutive days supply a prohibited drug namely crystalline-methylamphetamine for financial or material reward. In respect of that matter there are 12 further matters to be dealt with by way of the Form 1 procedure. Nine of those charges are of supplying a prohibited drug namely crystalline methylamphetamine and one of being knowingly take part in the supply of that drug in the same period that the section 25A matter occurred, as well as two further charges, one being acquiring firearm ammunition in contravention of a prohibition order and the other matter of dealing with certain property where there are reasonable grounds to suspect the property was proceeds of crime. 2. The maximum sentence for the section 25A offence is 20 years imprisonment and all 3500 penalty units. There is no standard non-parole period. In respect of the supply offences on the form one the maximum sentence is 15 years and or a penalty of 2000 penalty units. The maximum sentence for the proceeds of crime matter is three years and the ammunition charge has a maximum sentence of 5 years. 3. The second charge on the indictment is attempting to acquire a firearm when a prohibition order is in place in breach of section 74(1) of the Firearms Act. In respect of that matter there is a maximum sentence of 14 years if the firearm is a pistol or prohibited firearm, or 5 years in any other case. There is no standard non-parole period. 4. I take the maximum sentences into account as a legislative guide as to the seriousness of the offending and to assist in arriving at the appropriate sentence. 5. In regards to the form one 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 deterrence 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. 6. All of the offending apart from the ammunition charge on the Form 1 and the proceeds of crime charged on the Form 1 occurred in the period 18 September 2020 through to 2 October 2020.