R v Faaoloii [2022] NSWDC 637

District Court New South Wales

Medium Neutral Citation: R v Faaoloii [2022] NSWDC 637 Hearing dates: Thursday 15 September 2022 Date of orders: Friday 16 September 2022 Decision date: 16 September 2022 Jurisdiction: Criminal Before: Tupman DCJ Decision: 1. Convicted on each substantive sentence. 2. Sequence 1: No further penalty pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999. 3. Sequences 3 and 5: An aggregate sentence pursuant to s 53A comprising a non-parole period of 1 year and 10 with parole thereafter of 1 year and 2 months giving rise to an overall term of 3 years. 4. Form 1 offence taken into account. Catchwords: CRIME — Drug offences — Supply prohibited drug — Indictable quantity — Ongoing Supply — Deal with proceeds of crime — Maximum penalty 20 years — Cocaine — Three substantive offences — Late plea of guilty — One co-offender — Offences discovered as a result of police strike force into supply of cocaine in Sydney metro area — Offender and co-offender ran a dial-a-dealer drug supply network by taking orders for drugs and giving out information to customers using a mobile phone — Offender has prior criminal record but with mostly driving offences — Offender was a drug user and had difficult childhood — Offender has demonstrated remorse at the impact of his offending. Legislation Cited: Crimes Act 1900 (NSW): s 193B(2). Crimes (Sentencing Procedure) Act 1999 (NSW): ss 3A, 10A, 53A. Drug Misuse and Trafficking Act 1985 (NSW): s 25(1), 25A(1). Category: Sentence Parties: Regina (The Crown) John Faaoloii (The Offender) Representation: Solicitors: Mr. N. Borosh (The Crown) Ms. H. Yousif & Mr. A. Dibb (The Offender) Counsel: Mr. R. Keller (The Offender) File Number(s): 2020/00345160