R v Martin Ture GILLIES [2008] NSWDC 279

New South Wales District Court

CITATION: R v Martin Ture GILLIES [2008] NSWDC 279

HEARING DATE(S): 26 September 2008 EX TEMPORE JUDGMENT DATE : 26 September 2008

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The offender is sentenced to imprisonment consisting of a non-parole period of eighteen months and a head sentence of three years.

CATCHWORDS: Criminal law - Sentence - Ongoing supply of ecstasty - Form 1

PARTIES: The Crown Martin Ture Gillies

FILE NUMBER(S): 2008/11/0540

COUNSEL: M Barko - Offender

SOLICITORS: NSW DPP

SENTENCE

1 HIS HONOUR: Martin Gillies appears for sentence today after he pleaded guilty at an early time to an offence of ongoing supply of ecstasy. When I sentence him for that he asks that I take into account other related offences on a Form 1. They are: dealing with property which was suspected to be the proceeds of crime, (the amount involved being $6,050); supplying cannabis; and possessing cannabis, (the supply relating to 306.4 grams and the possession relating to 6.7 grams).

2 The offender was contacted by undercover police on 6 December 2007. The undercover officer indicated a desire to purchase some ecstasy tablets. He said that one of the "Dublin Boys" had given had given the offender's number to him. They therefore met and after some negotiations regarding price and quantity the offender supplied the undercover officer with fifteen ecstasy tablets, the officer paying $450 for those tablets. Further transactions occurred. On 13 December the undercover officer bought fifty tablets for $1,250. On 28 December the officer bought 101 ecstasy tablets for $2100. On 2 January he bought 200 tablets for $3,900. In total, the offender supplied to the undercover officer 366 tablets weighing a total of 109.9 grams. Of course this is an offence of an ongoing supply of drugs but in order to assess the objective seriousness of the offence it is relevant to note that the commercial quantity of ecstasy is 125 grams. So the offender supplied in total just under what would have been a commercial quantity of ecstasy tablets.