R v Bower [2022] NSWDC 559

District Court New South Wales

Medium Neutral Citation: R v Bower [2022] NSWDC 559 Hearing dates: Monday 16 May 2022 Date of orders: Tuesday 17 May 2022 Decision date: 17 May 2022 Jurisdiction: Criminal Before: Tupman DCJ Decision: Substantive offence: 1. The offender is convicted. 2. He is sentenced to a non-parole period of 2 years and 6 months with parole thereafter of 2 years and 6 months, giving rise to an overall term of imprisonment of 5 years. 3. Form 1 offence taken into account. Section 166: Related Offence: 4. The offender is convicted pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999, no further penalty. Catchwords: CRIME — Drug offences — Knowingly take part in supply of large commercial quantity of prohibited drug cocaine — One substantive offence — One related offence of supply prohibited drug alprazolam — Offender pleaded early and entitled to full discount — Drugs found during execution of police search warrant — DNA and fingerprint evidence obtained — Offender was involved in offence for financial gain — Offender was in the low level of drug supply hierarchy — Offending toward bottom of the range — Offender's criminal history is not significant — Offender has good prospects of rehabilitation — Offender has demonstrated genuine remorse and contrition — Issues created by multiple charges referred via EAGP scheme — Legislative amendment suggested to enable changes to charge certificate in District Court for minor amendments. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW): s 10A; Criminal Procedure Act 1986 (NSW): ss 66(1), 166; Drug Misuse and Trafficking Act 1985 (NSW): s 25(2); Poisons and Therapeutic Goods Act 1966 (NSW): s 16(1). Cases Cited: Parente v R [2017] NSWCCA 284; R v Clark (unreported NCSW 15 March 1990) Category: Sentence Parties: Regina (The Crown) Christopher Bower (The Offender) Representation: Counsel: Mr. G. James QC (The Offender)