R v Ekabie [2022] NSWDC 548

District Court New South Wales

Medium Neutral Citation: R v Ekabie [2022] NSWDC 548 Hearing dates: 03 November 2022 Date of orders: 11 November 2022 Decision date: 11 November 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 The offender is convicted. 2 This is an appropriate matter to impose an aggregate sentence pursuant to s 53A Crimes (Sentencing Procedure) Act 1999. 3 The terms of imprisonment I would have imposed if separate sentences were to be imposed after taking into account the discount for the plea of guilty are: Sequence Offence Indicative sentence 1 Supply a large commercial quantity of methylamphetamine, taking into account the matters on the Form 1 4 years and 6 months with a non-parole period of 2 years and 3 months 5 Supply a large commercial quantity of gamma butyrolactone 3 years with a non-parole period of 18 months

4 I impose an aggregate term of imprisonment of 5 years with a non-parole period of 2 years and 9 months to date from 19 March 2020. The non-parole period will expire on 18 December 2022 and the head sentence will expire on 18 March 2025. The offender will be eligible to be released on parole on 18 December 2022. 5 Sequences 1 and 3 (back up offences on the s 166 Certificate are withdrawn. Catchwords: CRIME — Drug offences — Supply prohibited drug — Commercial quantity CRIME — Drug offences — Supply prohibited drug Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Attorney General's Application No 1 of 2022 (2002) 56 NSWLR 147 R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Regina (Crown) Steven Ekabie (Offender) Representation: Counsel: D Carroll (Offender)