R v McKenzie [2024] NSWDC 624

District Court New South Wales

Medium Neutral Citation: R v McKenzie [2024] NSWDC 624 Hearing dates: 18 October 2024, 21 October 2024, 24 October 2024 1 November 2024, 25 November 2024 4 December 2024, 5 December 2024 Decision date: 09 December 2024 Jurisdiction: Criminal Before: Priestley SC DCJ Decision: (1) In respect of the two counts on the indictment and the summary offences the offender is convicted. (2) I note I have set out the indicative sentences [94] after application of the 25% discount for counts 1 and 2. (3) In respect of the summary offence under section 10 of the DMTA the court proceeds by way of section 10A that is there will be a conviction recorded but no other penalty. (4) In respect of counts 1 and 2 the offender is sentenced to a term of imprisonment with a non-parole period of 3 years commencing on 23 June 2022 and expiring on 22 June 2025 and with a balance of term of 3 years expiring on 22 June 2028. Catchwords: CRIME — Drug offences — Manufacture prohibited drug — Large commercial quantity Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Caristo v R [2011] NSWCCA 7 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 El Kheir v R [2019] NSWCCA 288 R v James [2017] NSWCCA 287 McLaren v R [2012] NSWCCA 284 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Pedavoli [2002] NSWCCA 87; 128 A Crim R 137 Tepania v R [2018] NSWCCA 247 Category: Sentence Parties: Director of Public Prosecutions (NSW) (Crown) Jason Christopher McKenzie (Offender) Representation: Counsel: Mr J Hanna (Crown) Mr J Watts (Offender)