R v X (a pseudonym) [2023] NSWDC 344

District Court New South Wales

Medium Neutral Citation: R v X (a pseudonym) [2023] NSWDC 344 Hearing dates: 18 August 2023 Decision date: 01 September 2023 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: 1. Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 on the grounds set out in ss 8(1)a and 8(1)c of the Act, I order the name of the Offender be suppressed and in its place a pseudonym of X is to be used. 2. The publication of any matter contained within paragraphs [27], [38], part of [55], [67] and [68] of this judgment is prohibited. 3. For the Sequence 3 and 5 offences the Offender has pleaded guilty to, he is convicted. 4. For each offence, a sentence imposed pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 for a period of 18 months' imprisonment commencing on 1 September 2022 and expiring on 29 February 2024, with a non-parole period of 13 months, commencing 1 September 2022. 5. Offender eligible for parole on 30 September 2023. 6 Note: the Sequence 2 offence is withdrawn. Catchwords: CRIME – sentence – drug offences – custody – Offender subject to violent sexual assaults in custody – time in custody overlaps with remaining portion of earlier term of imprisonment Legislation Cited: Court Suppression and Non Publication Orders Act 2010, ss 7, 8(1)(a) and 8(1)(c) Crimes Act 1900 (NSW), s 193C(2) Crimes (Sentencing Procedure) Act 1999, ss 25D, s 21A(2)(j), 21A(3), 21A(3)(h), 21A(3)(i), 21A(3)(k), 22, 23 Drug Misuse and Trafficking Act 1985 (NSW) s 25(1) Road Transport Act 2013 (NSW), s 111(1)(a) Cases Cited: Binnie v R [2010] NSWCCA 14. Brown v R [2014] NSWCCA 335 Bugmy v The Queen (2013) 249 CLR 571 Cahyadi v R [2007] NSWCCA 1 Carmen v R [2006] NSWCCA 58 Commonwealth Department of Public Prosecutions v La Rosa (2010) 79 NSWLR 1 Johnson v The Queen (2004) 78 ALJR 616 Melikian v R [2008] NSWCCA 156 Moodie v R [2020] NSWCCA 160 Muldrock v The Queen (2011) 244 CLR 120 Parente v The Queen (2017) 96 NSWLR 63 R v Henry (1999) 46 NSWLR 346 R v McDougall (2002) 128 A Crim R 44 Vaovasa v R [2007] NSWCCA 253 Veen v The Queen (No 2) 164 CLR 465 Texts Cited: "Dostoevsky Imprisoned: The House of the Dead, and American prison literature" - Los Angeles Review of Books 23 December 2019, by Ilya Vinitsky. Category: Sentence Parties: Rex (Crown) X (Offender) Representation: Counsel: J Ball (Crown) G Brady SC, with A Faro (Offender)