R v Perry [2023] NSWDC 236

District Court New South Wales

Medium Neutral Citation: R v Perry [2023] NSWDC 236 Hearing dates: 24/2/23, 2/3/23 Date of orders: 2/3/23 Decision date: 02 March 2023 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to a term of imprisonment of 7 years with a NPP of 4 years 6 months (23/5/22-11/11/26). I find special circumstances. I have taken into account a discount of 25 percent for the plea. Form 1 taken into account. Catchwords: Crime – Sentence – Supply large commercial quantity of methylamphetamine Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse & Trafficking Act 1985 Cases Cited: Attorney General's Application under s 37 Crimes(Sentencing Procedure)Act 1999 [2002] 56 NSWLR 146 Bugmy v The Queen [2013] 249 CLR 571 (Cth) Director of Public Prosecutions v De La Rosa [2010] NSWCCA 194 Millwood v R [2012] NSWCCA 2 Veen v The Queen (No.2) [1988] 164 CLR 465 Category: Sentence Parties: NSW DPP – Crown Michael Shane Perry - Offender Representation: Mr B Donnelly for Crown Mr Breeze for Offender File Number(s): 21/231967

sentence 1. Mr Perry is to be sentenced in relation to the sequence 5 offence, which is an offence of supply large commercial quantity of methamphetamine, namely 3235.17 grams. That is an offence under s 25(2) of the Drug Misuse & Trafficking Act 1985 which carries a maximum penalty of life imprisonment and a standard non-parole period of 15 years is specified. 2. In sentencing him for that offence, he asks that I take into account on a Form 1 document two other offences; firstly an offence of supply indictable quantity of methamphetamine, namely 54.67 grams. The maximum penalty for that offence under s 25(1) of the same Act is 15 years' imprisonment. The other offence on the Form 1 is the sequence 3 offence of fail to disclose identity of driver of a vehicle in response to a demand, the maximum penalty for that offence being 12 months imprisonment. 3. The maximum penalties and, where applicable, standard non-parole period, of course, are important guideposts in the sentencing exercise to which I have had regard. 4. The offender pleaded guilty at the earliest opportunity, and, therefore, I intend to allow a 25% discount by reason of the utilitarian value of that plea. 5. The facts of the offences are agreed and, in summary, are as follows.