R v Zycki [2023] NSWDC 412

District Court New South Wales

Medium Neutral Citation: R v Zycki [2023] NSWDC 412 Hearing dates: 15 September 2023 Date of orders: 6 October 2023 Decision date: 06 October 2023 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Fulltime custodial sentence. For orders see [87]. Catchwords: CRIME – Supply prohibited drug greater than large commercial quantity – Form 1 offences – participate in criminal group – knowingly deal with proceeds of crime – supply prohibited drug greater than large commercial quantity – possess prohibited drug. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Cases Cited: Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1 Chu v R [2023] NSWCCA 13 Dang v R (2013) 237 A Crim R 522; [2013] NSWCCA 246 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Koh v R [2013] NSWCCA 287 Parente v R (2017) 96 NSWLR 633; [2017] NSWCCA 284 Category: Sentence Parties: Director of Public Prosecutions (Crown) Janey Maree Zycki (Offender) Representation: Counsel: Mr M Valentine (Offender)

Solicitors: Mr S Chua (Crown) File Number(s): 2022/112649 Publication restriction: Nil.

REMARKS on SENTENCE 1. The offender is to be sentenced in respect of one count, being Sequence 3, of supply prohibited drug greater than large commercial quantity, namely 4.517kg of cocaine pursuant to s 25(2) of the Drug Misuse and Trafficking Act 1985 ("DMTA"). The maximum penalty for the offence is life imprisonment and/or a fine of 5,000 penalty units ($550,000) and there is a standard non-parole period prescribed of 15 years imprisonment. 2. The offender pleaded guilty in the Local Court at the earliest opportunity and adhered to her plea of guilty at the sentence hearing on 15 September 2022. 3. The following charges are to be dealt with on a Form 1 attached to Sequence 3:- 1. Sequence 1 – participate in criminal group contribute to criminal activity, an offence pursuant to s 93T(1) of the Crimes Act 1900. The maximum penalty for this offence is 5 years imprisonment and there is no standard non-parole period prescribed. 2. Sequence 2 – knowingly deal with proceeds of crime i.e. $627,650, an offence pursuant to s 193B(2) of the Crimes Act 1900. The maximum penalty for this offence is 15 years imprisonment and there is no standard non-parole period prescribed. 3. Sequence 4 – supply prohibited drug greater than large commercial quantity, namely 1kg of 3,4-methelenedioxymethylamphetamine ("MDMA") pursuant to s 25(2) of the DMTA. The maximum penalty for this offence is life imprisonment and/or a fine of 5,000 penalty units. There is a standard non-parole period prescribed of 15 years imprisonment. 4. Sequence 5 – possess prohibited drug, namely 80.9g of cannabis leaf pursuant to s 10(1) of the DMTA. The maximum penalty prescribed is 2 years imprisonment and or a fine of 20 penalty units. This matter is also subject of a certificate pursuant to s 166 of the Criminal Procedure Act 1986 as a related offence. 1. The offender has admitted her guilt in respect of each of those four offences and has asked that each be taken into account on sentence in respect of Sequence 3. 2. The offending occurred between 5 December 2019 and 20 April 2022. The offender was arrested on 20 April 2022 and was in custody until 21 September 2022 (155 days) and then from 1 June 2023, when she entered her plea of guilty, until present (107 days as at 15 September 2023). Any sentence therefore is to be backdated to 27 December 2022. 3. There are 5 co-offenders who are currently before the Local Court.