R v Cadby [2023] NSWDC 214

District Court New South Wales

Medium Neutral Citation: R v Cadby [2023] NSWDC 214 Hearing dates: 15 June 2023 Date of orders: 23 June 2023 Decision date: 23 June 2023 Jurisdiction: Criminal Before: Newlinds DCJ Decision: Term of imprisonment of 7 months to be served by way of an Intensive Correction Order Legislation Cited: Crimes (Sentencing Procedure) Act 1999; s 3A, s 5(1), s 17(1), s 21A(1), s 66 Drug Misuse & Trafficking Act (1985); s 10(1), s (251), s 25(2) Firearms Act 1996; s 4(1), s7(15), s 65(3) Category: Sentence Parties: Rex (Crown) Randall Cadby (Offender) Representation: Counsel: Ms I Fay (Crown) Self-represented (Offender)

Solicitors: Office of the Director of Public Prosecutions, NSW File Number(s): 2021/27230 Publication restriction: None

Judgment

Introduction 1. HIS HONOUR: The facts of this case are a stark and salutary reminder to us all of how a good man who had been for 70 years a constructive and law-abiding member of the community, when confronted with a catastrophic change in circumstances can make poor decisions leading to a total fall from grace into the criminal justice system.

The offences 1. Randall Cadby (the Offender) appears for sentence after pleading guilty in the Local Court to the following offences: 1. Sequence 1: Supply of prohibitive drug – commercial quantity – s 25(2) Drug Misuse and Trafficking Act (1985). 1. Sequence 9: Possess unauthorised pistol – s 7(15) Firearms Act 1996. 1. Sequence 3: Possessing a prohibitive drug – s 10(1) Drug Misuse and Trafficking Act (1985). 1. The Offender also asked the Court to take into account on a Form 1 the following: 1. Sequence 2 - supply prohibited drug indictable and commercial quantity - s 25(1) Drug Misuse and Trafficking Act (1985), and 2. Sequence 8 – possess ammunition without holding licence / permit / authority – s 65(3) Firearms Act 1996. 1. The sequence 1 offence carries a maximum term of imprisonment of 20 years with a standard non-parole period of 10 years. The sequence 9 offence carries a maximum term of imprisonment of 14 years with a standard non-parole period of 4 years. The sequence 3 offence carries a maximum term of imprisonment of 2 years and a fine of $2,000. The sequence 2 matter carries a maximum term of imprisonment of 15 years with no non-parole period and the sequence 8 offence carries a fine of 15 penalty units.