NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Figg [2023] NSWDC 194 Hearing dates: 2 June 2023 Date of orders: 9 June 2023 Decision date: 09 June 2023 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 137 Catchwords: CRIME – sentencing – supply of large commercial quantity of methylamphetamine – offence of supply of an indictable quantity on a Form 1 Legislation Cited: Drug Misuse & Trafficking Act 1985 (NSW) s 25 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5, 21A Cases Cited: Blakeney v R [2022] NSWCCA 277 Bugmy v The Queen (2013) 249 CLR 571 Parente v R [2017] NSWCCA 284 R v Henry (1999) 46 NSWLR 346 R v Jackson [2010] NSWCCA 162 Texts Cited: Nil Category: Sentence Parties: Office of the Director of Public Prosecutions (ODPP) Mr L Figg (offender) Representation: Counsel: Mr Todd for the ODPP Mr Fraser for the offender
Solicitors: ODPP Morrisons Law for the offender File Number(s): 2021/00350949 Publication restriction: Nil
SENTENCING REMARKS 1. The offender is before the Court following a plea of guilty on 16 November 2022 at the Wollongong Local Court, which plea he adhered to in the sentencing hearing, to one offence (sequence 35) of supplying prohibited drug greater than the commercial quantity, being 557.62g of methylamphetamine, contrary to s 25(2) of the Drug Misuse & Trafficking Act 1985 (NSW), over the period 11 August 2021 to 16 September 2021. The maximum penalty for this offence is life imprisonment. The standard non-parole period is 15 years imprisonment. 2. The offender also acknowledged his guilt and asked the Court to take into account, when sentencing for this primary offence, an additional offence (sequence 6) on a Form 1, being the offence of supplying prohibited drug less than the indictable quantity, being 21.24g of methylamphetamine, over the period 2 August 2021 to 10 August 2021, contrary to s 25(1) of the Drug Misuse & Trafficking Act 1985 (NSW) (sequence 6). The maximum penalty for this additional offence is 15 years imprisonment and/or 2000 penalty units.
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