R v Tongue [2023] NSWDC 175

District Court New South Wales

Medium Neutral Citation: R v Tongue [2023] NSWDC 175 Hearing dates: 16 March 2023 Date of orders: 03 May 2023 Decision date: 03 May 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Brenton Michael Tongue is convicted. 2 For the Federal offence, taking into account the matters on the s 16BA schedule and the appropriate discount, I impose a term of imprisonment of 15 months to date from 4 September 2022. 3 Pursuant to s 19AC(1) Crimes Act 1914 (Cth), I order that the offender be released on 3 May 2023, having served 8 months of the sentence, on entering into a recognisance in the sum of $1 to be of good behaviour for 18 months. 4 If the offender fails to comply with the recognisance release order, further action against him may be taken. This may require him to return to court. 5 For the State offences, I impose an aggregate term of imprisonment for the State offences of 2 years and 9 months. 6 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (3 May 2023) and expire on 2 February 2026. Catchwords: CRIME – Fraud – make counterfeit money – deal with identification information CRIME — Drug offences — Supply prohibited drug Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Crimes (Currency) Act 1981 (Cth) Crimes (Sentencing Procedure) Act 1999 Drugs 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 Mandranis v R [2021] NSWCCA 97 Power v The Queen (1974) 131 CLR 623 R v El Karhani (1990) 21 NSWLR 370 R v Lamella [2014] NSWCCA 122 R v Olbrich (1999) 199 CLR 270 R v Zamagias [2002] NSWCA 17 Category: Sentence Parties: Rex (Crown) Brenton Michael Tongue (Offender) Representation: Counsel: L Cavell (Crown) M Kiriakos (Offender)