R v Barber-Battese [2024] NSWDC 627

District Court New South Wales

Medium Neutral Citation: R v Barber-Battese [2024] NSWDC 627 Hearing dates: 12 September 2024 Date of orders: 12 September 2024 Decision date: 12 September 2024 Jurisdiction: Criminal Before: Neilson DCJ Decision: See par [66]. Catchwords: CRIME – SENTENCE – PLEA OF GUILTY AID IN TRAFFICKING OF MARKETABLE QUANTITY OF CONTROLLED DRUG - 492.7 grams of Cocaine - Criminal Code Act 1995 (Cth) s 302.3(1). Minor criminal history – Contrition and remorse – Limited involvement in trafficking – Low range of objective seriousness – Strong subjective case. Legislation Cited: Crimes Act 1914 (Cth), ss 17A, 20AB, 16A. Crimes Regulations 1990, r 6. Crimes (Sentencing Procedure) Act 1999, ss 10, 3A, 66. Criminal Code Act, s 302.3(1). Cases Cited: Chan v R [2023] NSWCCA 206 R v Campbell [2024] NSWDC 413, [44]-[45], [93]. Texts Cited: Nil. Category: Sentence Parties: Crown – R (NSW) Offender – Josef Barber-Battese Representation: Counsel: Crown – Ms Vella, F. Offender – Mr Edwards, T. SC.

Solicitors: Crown – Office of the Director of Public Prosecutions (NSW) Offender – Krayem & Co Lawyers File Number(s): 2023/00254411 Publication restriction: Nil.

Judgment 1. HIS HONOUR: Josef Barber‑Battese stands for sentence as a consequence of pleading guilty to a charge that between 8 September 2022 and 16 September 2022 at St Peters in the State of New South Wales and in the suburbs of Brisbane in the State of Queensland did aid in the trafficking of a substance which was a controlled drug, namely, cocaine, and the quantity trafficked being a marketable quantity, namely, 492.7 grams. 2. That is an offence contrary to s 302.3(1) of the Criminal Code Act of the Commonwealth of Australia. The maximum penalty for this offence is imprisonment for 25 years and or a fine of 5,000 penalty units. There is no standard non-parole period. 3. The Crown filed an indictment on or about 28 June 2024 and the offender was arraigned on it today and pleaded guilty to the charge on that arraignment. However, it is common ground that the offender pleaded guilty to the charge in the Local Court, as I understand it, at the earliest available opportunity. He is therefore entitled to an appropriate discount for the utilitarian value of his early plea of guilty.