R v Dowling [2023] NSWDC 621

District Court New South Wales

Medium Neutral Citation: R v Dowling [2023] NSWDC 621 Hearing dates: 13 October 2023 Date of orders: 13 October 2023 Decision date: 13 October 2023 Jurisdiction: Criminal Before: Neilson DCJ Decision: See par [63]-[68] Catchwords: SENTENCE – Drug trafficking offences – Dealing with the proceeds of crime ($10,950) – Offences between 8 February 2022 and 28 March 2022 – Dealings between offender and UCO on encrypted messaging platform – Offender was on an ICO during offending for past similar offending – Good prospects of rehabilitation. Legislation Cited: Crime (Sentencing Procedure) Act 1999 Crimes Act 1900 Poisons and Therapeutic Goods Act 1966 Cases Cited: Nil. Texts Cited: Nil. Category: Sentence Parties: Crown – R (NSW) Accused – Jack Ryan Dowling Representation: Counsel: Crown – Ms Hawke, L. Accused – Mr Brasch, L.

Solicitors: Crown – Office of the Director of Public Prosecutions (NSW) Accused – Australian Lawyers and Advocates File Number(s): 2022/00090131 Publication restriction: Nil.

Judgment 1. HIS HONOUR: Jack Ryan Dowling stands for sentence as a consequence of adhering to pleas of guilty in respect of five substantive charges. He also asks me to take into account, on two Forms 1, 12 further charges. 2. The charges all relate to the fact that the offender was dealing in drugs. The offender is currently 34 years old. 3. He was arrested on 29 March 2022 and has been in custody since that time. At that time he was 32 years old. 4. The first substantive charge is known as Sequence 12. That comprises a number of supplies of the prohibited drug methylamphetamine, commonly known as 'ice'. The formal charge is: 'supply a prohibited drug not less than a commercial quantity of methylamphetamine'. The amount involved in Sequence 12 is 299.3 grams of the drug, and as I understand it, the threshold for a commercial quantity of methylamphetamine is 250 grams.