R v Matthew James HALL [2009] NSWDC 135

New South Wales District Court

CITATION: R v Matthew James HALL [2009] NSWDC 135

HEARING DATE(S): 22 May 2009

JUDGMENT DATE: 22 May 2009

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: See paragraph [12]

CATCHWORDS: Criminal law - Sentence - Supply prohibited drug - Form 1 - Reckless damage - Drive while disqualified

LEGISLATION CITED: Criminal Procedure Act 1986

PARTIES: The Crown Matthew James Hall

FILE NUMBER(S): DC 2008/11/1298

SOLICITORS: NSW DPP Robert Wehbe and Partners

SENTENCE

1 HIS HONOUR: Matthew James Hall appears for sentence today having pleaded guilty at an early opportunity to an offence of supplying a prohibited drug. When I sentence him for that matter he asks that I take into account two matters on a Form 1. The first of those matters is a further offence of supplying a prohibited drug. It occurred earlier in time than the matter for which he must be specifically sentenced. The other offence to be taken into account is an offence of recklessly or intentionally damaging the side window of a motor vehicle. Also, I am to deal with two related matters of driving whilst disqualified.

2 The offender was a drug user living in the northern beaches area. He knew a woman by the name of Suzanne Lenton. She had a relationship of supplier and purchaser with an undercover police officer. She of course did not know that he was an undercover police officer. From time to time when the police officer asked her to supply drugs to him, she would obtain them from Mr Hall, the offender. She did this on two occasions, the first on 29 April 2008, that is the matter on the Form 1 and the second on 5 May 2008, that is the matter for which the offender must be specifically sentenced. On the first occasion the offender supplied 0.14 of a gram of methylamphetamine for $70 and on the next occasion 0.9 of a gram for $450.