R v Rao [2006] NSWDC 91

New South Wales District Court

CITATION: R v Rao [2006] NSWDC 91

HEARING DATE(S): 18/8/2006

JUDGMENT DATE: 5 October 2006

JUDGMENT OF: Conlon SC DCJ at 1

DECISION: See para 47

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 s25A Crimes (Sentencing Procedure) Act 1999 ss 3A, 5, 21A, 22

R v Clarke (unreported NSWCCA 15 March 1990) R v Sharma (2002) 54 NSWLR 300 R v Thomsom and Houlton (2000) 49 NSWLR 383 CASES CITED: R v Hoon and Pouoa [2000] NSWCCA 137 R v Smiroldo (2000) 112 A Crim R 47 R v Cheikh and Hoete [2004] NSWCCA 448 R v Petersen (unreported NSWCCA 6 August 1992) R v Way [2004] NSWCCA 131

PARTIES: Regina Jason Baran Rao

FILE NUMBER(S): 06/41/0151

COUNSEL: Mr M Coroneos (offender)

SOLICITORS: Mr Y Astar, Mr D Wallace (DPP) Ms S O'Halloran (Allied Lawyers)

JUDGMENT

1 HIS HONOUR: The offender Jason Baran Rao appears for sentence consequent upon his pleading guilty to the following charge, that between 31 March 2005 and 1 May 2005 at Greenfield Park in the State of New South Wales did on three or more separate occasions supply a prohibited drug for financial reward, namely methylamphetamine, ketamine and 3,4-methylenedioxy-methylamphetamine.

2 The maximum penalty for the offence is twenty years imprisonment. The offender has asked the Court to take into account three further matters on a Form 1 schedule.

3 An agreed statement of facts of some fourteen pages in length details the facts and circumstances upon which the Crown relies to support not only the charge on the indictment but the matters to be taken into account on the Form 1 schedule. Whilst those detailed facts clearly demonstrate the objective seriousness of the present offence I will not repeat them here. However, by way of a brief summary on 18 February 2005 the Deputy Commissioner Madden granted police authority to conduct a controlled operation codenamed "Operation Welch". The warrant was granted for the period 17 February to 17 May 2005.