R v DOMINGUES [2024] NSWDC 40

District Court New South Wales

Medium Neutral Citation: R v DOMINGUES [2024] NSWDC 40 Hearing dates: 22 February 2024 Date of orders: 1 March 2024 Decision date: 01 March 2024 Jurisdiction: Criminal Before: Lerve DCJ Decision: Sentenced – see [64]-[68] Catchwords: CRIMES – sentence – deal with proceeds of crime CRIMES – sentence – knowingly take part in the supply of a prohibited drug – methylamphetamine - non-exculpatory duress – substantial drug debt – post traumatic stress and depression – aggregate sentence - Form 1 matters Legislation Cited: Crimes Act, 1900 Crimes (Sentencing Procedure) Act, 1999 Criminal Procedure Act, 1986 Drug Misuse and Trafficking Act, 1985 Road Transport Act, 2013 Cases Cited: The Attorney General's Application Under s 37 of the Crimes (Sentencing Procedure) Act, (2002) 56 NSWLR 146 Jibran v R (2020) NSWCCA 86 Olbrich v The Queen (1999) 199 CLR 270 Parente v R (2017) 96 NSWLR 633 Tiknius v R (2011) 221 A Crim R 365 Category: Sentence Parties: Rex Daniel DOMINGUES Representation: Counsel: Mr T Bailey for the Crown Mr J Michie for the Offender

Solicitors: Director of Public Prosecutions (Crown) Bunton Lawyers (Offender) File Number(s): 2022/285795 Publication restriction: No

Remarks on Sentence 1. On 22 February 2024 the offender pleaded guilty to two counts on an indictment, namely that he: 1. On 25 September 2022 in East Wagga Wagga in the State of New South Wales, did deal with the proceeds of crime, namely $58,245.00 knowing that it was the proceeds of crime, contrary to s 193B(2) of the Crimes Act, 1900 and further, 2. On 25 September 2022 in Wagga Wagga in the State of New South Wales did knowingly take part in the supply of a prohibited drug, namely 25.14 grams of methylamphetamine, contrary to s 25(1) of the Drug Misuse and Trafficking Act, 1985. 1. Although an indictment was presented it was uncontroversial at the sentence hearing that the offender had entered pleas of guilty to those charges in the Local Court, had been committed for sentence and accordingly the offender was entitled to the full 25% discount for the utilitarian value of the pleas of guilty. 2. When passing sentence in respect of the Knowingly Take Part in Supply of Prohibited Drug matter the offender asks that I take into account six matters on a Form 1 document. When passing sentence I will need to properly apply the principles enunciated by the Court of Criminal Appeal in The Attorney General's Application Under s 37 of the Crimes (Sentencing Procedure) Act, 1999 otherwise known as the Guideline Judgment on Form 1 matter reported (2002) 56 NSWLR 146. As I observed at the sentence hearing, given the number of Form 1 matters there must be some impact on the ultimate sentence to be imposed but given the nature of the matters that impact will be quite modest. 3. In addition there are four matters attaching to a Certificate pursuant to s 166 of the Criminal Procedure Act, 1986. Those charges are: 1. Driver State False Name or Home address, contrary to s 175(2)(b) of the Road Transport Act, 2013; 2. Drive While Disqualified contrary to s 54(1) of the Road Transport Act; 3. Drive with Illicit Drug Present In Blood Or Oral Sample, contrary to s 111(1)(a) of the Road Transport Act; 4. Possess Prohibited Drug (namely 25.93 grams) of methylamphetamine, contrary to s 10(1) of the Drug Misuse and Trafficking Act. 1. Pleas of guilty were entered to those matters on the day of the sentence hearing. However, noting they attach to a s 166 Certificate that was the first practical opportunity the offender had to enter pleas to those matters. Accordingly, I allow the full 25% discount for the utilitarian value of those pleas of guilty as well. 2. The offences of Driver State False Name or Address and Drive with Illicit Drug Present In Blood Or Oral Sample do not carry imprisonment as a maximum penalty. Accordingly, it is appropriate that those matters be dealt with pursuant to s 10A of the Crimes (Sentencing Procedure) Act, 1999. That course does not preclude the imposition of a period of disqualification. 3. The maximum penalty for Drive While Disqualified is 12 months imprisonment and/or a fine of 50 penalty units. The offence of Drive With Illicit Drug Present in Blood or Oral Sample carries a maximum penalty of 30 penalty units. The charge of Possess Prohibited Drug carries a maximum penalty of 2 years imprisonment and/or a fine of 20 penalty units.