R v DH [2023] NSWDC 312

District Court New South Wales

Medium Neutral Citation: R v DH [2023] NSWDC 312 Hearing dates: 15 March 2023 Decision date: 15 March 2023 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: 1. The offender is convicted of three charges to which the offender pleaded guilty; 2. I sentence the offender to full-time imprisonment for a period of three years and four months, to commence on 5 February 2023 and expire on 4 June 2026; 3. I set a single non-parole period of 20 months, to expire on 4 October 2024. Catchwords: SENTENCING — Penalties — Imprisonment – Plea of guilty – Parity – First time in custody – Good character – Mental condition Legislation Cited: Criminal Code Act 1995 (Cth) Category: Principal judgment Parties: Rex (Crown) DH (Offender) Representation: Counsel: Offender: Detheridge

Solicitors: Crown: Lewis File Number(s): 2021/00101536 Publication restriction: Non-publication order re identity of offender

JUDGMENT

INTRODUCTION 1. The offender appears today to be sentenced in respect of three offences. He was committed for sentence from the Parramatta Local Court on 18 March 2022, following the entering of guilty pleas. 2. I have previously sentenced another offender, MW, in relation to one of the offences, namely sequence 6. In a general sense the question of parity arises as between that offender and this offender in respect of that one matter. 3. Sequence 6 is that on 12 April 2021 he did attempt to possess a commercial quantity of a borderline controlled drug reasonably suspected of having been unlawfully imported, namely 2.4 kilograms of pure methamphetamine. This is an offence pursuant to s 307.8(1) of the Criminal Code Act 1995 (Cth) and carries a maximum penalty of life imprisonment and/or 7,500 penalty units. 4. Sequence 7 is that on the same day he did deal with money or other property reasonably suspected of being the proceeds of crime, being less than $100,000, namely $9,000. This is an offence under s 400.9(1)(a) of the Criminal Code and carries a maximum penalty of two years imprisonment and/or a fine of 120 penalty units. 5. Finally, sequence 8 is that on the same day he did possess a substance, the substance being a controlled drug, namely 11.87 grams of pure methamphetamine. This is an offence under s 308.1(1) of the Criminal Code and carries a maximum sentence of two years imprisonment and/or 400 penalty units. 6. The maximum penalties prescribed by legislation represents the seriousness with which the community, through parliament, views this offending. There is no doubt that any involvement in the importation of illicit substances is something which calls for a stern sentence reflecting the need for general deterrence and denunciation. 7. The offender has spent one month and seven days in custody, bail refused, in respect of these matters. The commencement date will be backdated accordingly.