R v Togo [2024] NSWDC 229

District Court New South Wales

Medium Neutral Citation: R v Togo [2024] NSWDC 229 Hearing dates: 11 June 2024 Date of orders: 20 June 2024 Decision date: 20 June 2024 Jurisdiction: Criminal Before: Priestley SC DCJ Decision: See [Orders] Catchwords: CRIME — Drug offences — Possess prohibited drug CRIME — Drug offences — Supply prohibited drug - Commercial quantity CRIME — Drug offences — Supply prohibited drug — Knowingly take part in supply CRIME — Drug offences — Cultivate prohibited plant CRIME — Firearms offences — Use/Possess prohibited pistol/firearm Legislation Cited: Crimes (Sentencing Procedure) Act Cases Cited: Muldrock v The Queen (2011) 244 CLR 120 Attorney General's Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Veen v R (No 2) [1988] HCA 14 Hall v The Queen [2021] NSWCCA 220 R v Holder [1983] 3 NSWLR 245 Mill v The Queen [1988] HCA 70 Cahyadi v R [2007] NSWCCA 1 Category: Sentence Parties: Rex (The King) Representation: Ghabrial counsel for The Offender Magni for the Director of the Office of Public Prosecutions File Number(s): 2022/00232610

JUDGMENT

Introduction 1. Teague Romeo Togo is to be sentenced in respect of six charges on indictment and to be dealt with summarily in relation to one other offence. In relation to the first charge on the indictment of ongoing supply there are a further five matters to be taken into account by way of the Form 1 procedure. Those various charges and Form 1 matters are set out in the below table which indicates the relevant legislative provision, the maximum sentence, and the standard non-parole period if applicable. Sec Charge Max SNPP? 1 s25A(1) DMTA Ongoing supply; 20 no a Plus Form 1 x 5 Supply > ind < comm prohibited drug 15 no b Poss prohibited drug; 2y 2 no c Poss / attempt to poss restricted subs contrary to poisons and therapeutic goods act; max 6 m 6m no d Poss prohibited drug 2 no e Supply > small < ind amount of prohibited drug; max 10 y 10 no 2 s25(1) Supply prohibited drug >ind < comm 15 no 3 s25(1) Supply prohibited drug >ind < comm 15 no 4 s25(2) KTPI supply prohibited drug >= comm 20 10 5 s25(1) Supply prohibited drug >small < ind 10 No 6 36(1) FA Poss unregistered firearm; max 14y 14 no S166; s253C(4) Crimes (Admin of sentences) Max 2 y; bring prohibited drug into place of detention 2 no