R v BUSU [2023] NSWDC 573

District Court New South Wales

Medium Neutral Citation: R v BUSU [2023] NSWDC 573 Hearing dates: 13 December 2023 Decision date: 15 December 2023 Jurisdiction: Criminal Before: NOMAN SC DCJ Decision: Aggregate sentence of 3 years imprisonment, to be served by way of ICO with 500 hours of community service work. Indicative sentences: Seq 3 ongoing supply: 2 years; Seq 5 knowingly take part in prohibited drug: 14 months; Seq 131: Supply prohibited drug: 9 months; Seq 132: Deal in proceeds of crime: 9 months; Seq 133: Deal in proceeds of crime: 12 months. Catchwords: CRIME – Sentencing – Drug supply – penalties - intensive correction orders Legislation Cited: Ss 10(1), 25 (1), 25A(1) Drug Misuse and Trafficking Act 1985 (NSW) Ss 193C(1) and 193C(2) Crimes Act 1900 (NSW) S 16(1) Poisons & Therapeutic Goods Act 1966 (NSW) Category: Sentence Parties: R; Ioan Busu Representation: Counsel: Crown: Ms Henry Defence: Mr Djemal File Number(s): 2022/142962

JUDGMENT 1. In late 2021 the offender commenced his involvement with supplying prohibited drugs. This conduct involved him also dealing with the proceeds of crime. The offender came to the attention of police. He subsequently admitted his conduct in the Local Court, conduct that will result in a 25% reduction to each sentence. 2. The offender appears for sentence on the following offences: Offence Details Maximum penalty Seq. 3 Supply prohibited drug on ongoing basis 5 supplies of cocaine totalling 2.6 grams 20 years &/or 3,500 penalty units s.25A(1) DM&T Act Seq. 5 Knowingly take part in the supply of prohibited drug Purchase of 340 grams of Clonazolam (Alprazolam/Xanax) 15 years &/or 2,000 penalty units s.25(1) DM&T Act Seq. 131 Supply > indictable quantity of prohibited drug 27 grams of MDMA 15 years &/or 2,000 penalty units s.25(1) DM&T Act Seq. 132 Deal with proceeds of crime $24,935 cash and 16,647 Cronos (cryptocurrency located on offender's mobile phone) worth $4,079 3 years s.193C(2) Crimes Act 1900 Seq. 133 Deal with proceeds of crime Controlled purchase of 1,642 bitcoin worth $115,080 5 years s.193C(1) Crimes Act 1900