R v MYERS [2023] NSWDC 445

District Court New South Wales

Medium Neutral Citation: R v MYERS [2023] NSWDC 445 Hearing dates: 18 August 2023 Decision date: 23 October 2023 Jurisdiction: Criminal Before: NOMAN SC DCJ Decision: Aggregate sentence imposed. Indicative sentences nominated (reduced by 25% to recognise the pleas): Seq 3: Supply commercial quantity of prohibited drug cocaine, taking into account the further 3 offences on the Form 1: 4 years and 6 months imprisonment with a non-parole period of 2 years and 8 months. Seq 10: Supply commercial quantity of prohibited drug cocaine, taking into account the further 2 offences on the Form 1: 4 years and 6 months imprisonment with a non-parole period of 2 years and 8 months. Seq 9: Supply commercial quantity of prohibited drug cocaine, taking into account the further offence on the Form 1: 6 years imprisonment with a non-parole period of 3 years and 6 months. The sentence imposed is one of 7 years imprisonment with a non-parole period of 4 years and 2 months to date from 27 July 2021. Eligible to release to parole on 26 September 2025. Catchwords: SENTENCING - supplying a large commercial quantity of a prohibited drug - supplying a commercial quantity of a prohibited drug – objective seriousness – remorse – guilty plea – disadvantaged background – genetic vulnerability – drug user – general deterrence – personal deterrence – special circumstances. Legislation Cited: s.25(2) Drug Misuse and Trafficking Act 1985 (NSW); s.3A Crimes (Sentencing Procedure) Act 1999 (NSW). Category: Sentence Parties: R; Maxwell MYERS Representation: Counsel: Defence: Mr S Buchen SC