R v Grills [2024] NSWDC 545

District Court New South Wales

Medium Neutral Citation: R v Grills [2024] NSWDC 545 Hearing dates: 6/11/24, 7/11/24 Date of orders: 7/11/24 Decision date: 07 November 2024 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 7 years 8 months with a NPP of 5 years 4 months (26/3/24-25/7/29). I find special circumstances. Indicative sentences (25 percent discount taken into account): Seq 6 Ongoing supply – 4 years 6 months Seq 10 Ongoing supply – 4 years 3 months Seq 2 Supply commercial qty cocaine – 4 years 5 months with NPP 3 years 1 month (Form 1 taken into account) Seq 6 Deemed supply large commercial qty methylamphetamine – 4 years 9 months with NPP 3 years 4 months. Catchwords: Crime – Sentence – Supply prohibited drug on ongoing basis – Supply large commercial quantity methylamphetamine – Supply commercial quantity cocaine Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Field v R [2020] NSWCCA 105 Lloyd v R [2022] NSWCCA 18 Mill v R (1988) 166 CLR 59 Category: Sentence Parties: NSW DPP – Crown Rodney Grills - Offender Representation: Mr Hoitink for Crown Mr Micali for Offender File Number(s): 23/258526, 24/57321

remarks on sentence 1. Mr Grills is for sentence in relation to four offences of supplying prohibited drugs under the Drug Misuse and Trafficking Act 1985. Firstly, the sequence 6 offence of supplying a prohibited drug on an ongoing basis for financial reward, that being an offence under s 25A(1), which carries a maximum penalty of 20 years imprisonment. 2. Next, the sequence 2 offence of supply commercial quantity of cocaine, that being an offence under s 25(2), which carries a maximum penalty of 20 years imprisonment and has specified a standard non-parole period of 10 years. 3. Next, the sequence 6 offence of supplying a large commercial quantity of methamphetamine, which is an offence under s 25(2) and carries a maximum penalty of life imprisonment and has specified a standard non-parole period of 15 years. 4. I note also that there is a Form 1 to be taken into account in sentencing for the sequence 2 supply cocaine matter. 5. Fourthly, there is sequence 10 offence of supply prohibited drug on an ongoing basis for financial reward, that being an offence under s 25A(1) which has a maximum penalty of 20 years imprisonment. 6. The maximum penalties and, where applicable, standard non-parole periods are, of course, important guide posts in the sentencing exercise to which I have had regard. 7. The offender pleaded guilty at an earliest opportunity and will, therefore, be given a discount of 25 per cent, by reason of the utilitarian value of those pleas of guilty.