R v Lightfoot [2023] NSWDC 132

District Court New South Wales

Medium Neutral Citation: R v Lightfoot [2023] NSWDC 132 Hearing dates: 2 February 2023 Date of orders: 01 May 2023 Decision date: 01 May 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 The offender is convicted and the appropriate discount is 25%. 2 I impose an aggregate term of imprisonment for the Federal offences of 4 years with a non-parole period of 2 years to date from 10 April 2023. The non-parole period will expire on 9 April 2025 and the head sentence will expire on 9 April 2027. 3 I impose an aggregate term of imprisonment for the State offences of 5 years with a non-parole period of 2 years and 6 months to date from 10 April 2024. The non-parole period will expire on 9 October 2026 and the head sentence will expire on 9 April 2029. 4 The total effective term of imprisonment that I have imposed for all of the offences is 6 years with a non-parole period of 3 years and 6 months. 5 The offender will be eligible to be released on parole on 9 October 2026. Catchwords: CRIME — Drug offences — Commonwealth offences — Traffic controlled drug CRIME — Drug offences — Supply prohibited drug Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Criminal Code Act 1995 (Cth) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Attorney General's Application under s 37 Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 546 Bugmy v The Queen (1990) 169 CLR 525 Deakin v The Queen (1984) 58 ALJR 367 Hili v The Queen (2010) 242 CLR 520 Johnson v The Queen (2004) 78 ALJR 616 Power v The Queen (1974) 131 CLR 623 R v El Karhani (1990) 21 NSWLR 370 R v Lamella [2014] NSWCCA 122 R v Nguyen (2010) 205 A Crim R 106 R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Rex (Crown) Richard Lightfoot (Offender) Representation: Counsel: L Fernandez (Crown) G Brady SC (Offender)