R v Kirby [2024] NSWDC 495

District Court New South Wales

Medium Neutral Citation: R v Kirby [2024] NSWDC 495 Hearing dates: 20 September 2024 Date of orders: 18 October 2024 Decision date: 18 October 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Isileli Kirby is convicted. 2 I impose an aggregate term of imprisonment of 4 years and 9 months with a non-parole period of 2 years and 5 months to date from 21 December 2023. 3 The non-parole period will expire on 20 May 2026 and the head sentence will expire on 20 September 2028. 4 The offender will be eligible to be released on parole on 20 May 2026. Catchwords: CRIME — Drug offences — Supply prohibited drug — Large commercial quantity Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Attorney General's Application No 1 of 2022 (2002) 56 NSWLR 147 R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Rex (Crown) Isileli Kirby (Offender) Representation: Counsel: D Grippi (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) Benjamin Leonardo The Defenders (Offender) File Number(s): 2022/354934 Publication restriction: None

JUDGMENT 1. Isileli Kirby (the offender) appears for sentence after pleading guilty in the Local Court to the following offences: 1. sequence 1: supply prohibited drug not less than the large commercial quantity (1,401.1g of cocaine) contrary to s 25(2) Drug Misuse and Trafficking Act 1985. The maximum penalty for this offence is life imprisonment and/or a fine of 5,000 penalty units ($550,000). Parliament has also prescribed a standard non-parole period of 15 years. 2. sequence 2: supply prohibited drug not less than the large commercial quantity (6,890.6g of MDMA) contrary to s 25(2) Drug Misuse and Trafficking Act 1985. The maximum penalty for this offence is life imprisonment and/or a fine of 5,000 penalty units ($550,000). Parliament has also prescribed a standard non-parole period of 15 years. 1. The offender also asks the Court to take into account an offence of participating in a criminal group contrary to s 93T(1) Crimes Act 1900 (sequence 3) on a Form 1 when passing sentence for sequence 2.