R v McKenzie [2022] NSWDC 552

District Court New South Wales

Medium Neutral Citation: R v McKenzie [2022] NSWDC 552 Hearing dates: 23 June 2022 Date of orders: 24 June 2022 Decision date: 24 June 2022 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Impose an aggregate sentence of four years and ten months imprisonment, with a non‑parole period of three years imprisonment. The sentence commences on 23 June 2021 and expires on 22 April 2026. The non‑parole expires on 22 June 2024. Refer the offender to the Drug Court under s 18B of the Drug Court Act to determine if he is suitable for a compulsory drug treatment order. The $2000 in cash is forfeited. Catchwords: CRIME – Drug offences – Ongoing supply Legislation Cited: Drug Court Act 1998 (NSW), s 18B Drug Misuse and Trafficking Act 1985 (NSW), s 25A(1) Cases Cited: R v Henry (1999) 45 NSWLR 346 Category: Sentence Parties: Office of the Director of Public Prosecutions (Crown)

Wayne Douglas McKenzie (Offender) Representation: Solicitors: Ms S Hatch (Crown) Mr C Brown (Offender) File Number(s): 2021/00180897

SENTENCE

Introduction 1. The offender, Mr McKenzie, stands to be sentenced having pleaded guilty to the following three offences: that between 22 February 2021 and 23 March 2021 in Mount Druitt he did, on three or more separate occasions during a period of 30 consecutive days, supply a prohibited drug, other than cannabis, namely heroin, for financial material or reward. This is charge sequence 2. The second offence is that between 24 March 2021 and 22 April 2021 in Mount Druitt he did, on three or more occasions during a period of 30 consecutive days, supply a prohibited drug other than cannabis, namely heroin, for financial or material reward. That offence is contained in charge sequence 25. The third offence is that between 31 May 2021 and 23 June 2021 he did, on three or more separate occasions during a period of 30 consecutive days, supply a prohibited drug other than cannabis, namely heroin, for financial or material reward. That offence is contained in charge sequence 56. 2. Each of those offences is an offence of ongoing supply prohibited drug under s 25A(1) of the Drug Misuse and Trafficking Act and each have a maximum penalty of 20 years imprisonment and/or a fine equivalent to 3,500 penalty units. There is no applicable standard non‑parole period. 3. When sentencing the offender on the offence contained in sequence 25 he acknowledges his guilt of an offence on a form 1 being a further ongoing supply of heroin offence that occurred between 24 April 2021 and 23 May 2021 and asks that I take that offence into account when sentencing him on the offence in sequence 25. That ongoing supply offence involved the supply of heroin on 14 separate occasions, involving no less than 16.9 grams of the drug in return for a financial gain of not less than $9,200. 4. When sentencing the offender on the offence contained in sequence 56 the offender acknowledges his guilt in relation to two offences that are on a form 1, being an offence of supplying 23 grams of heroin that occurred on 23 June 2021 and an offence of dealing with property where there are reasonable grounds to suspect that it is the proceeds of crime where the property is $2,000. The 23 grams of heroin, the subject of the supply prohibited drug offence on this form 1, relates to a quantity of that drug found at his premises upon his arrest. The $2,000, the subject of the proceeds of crime offence, was also found at the same time.