R v Ronald Ian LENNOX [2007] NSWDC 388

New South Wales District Court

CITATION: R v Ronald Ian LENNOX [2007] NSWDC 388

JUDGMENT DATE: 13 August 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Good behaviour bond for period of two years.

CATCHWORDS: CRIMINAL LAW - sentence - possess prohibited drug namely methylamphetamine - prior criminal record - professional truck driver using amphetamines daily to stay awake - plea of guilty - unlikely to re-offend - bond appropriate

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 9, s 21A

PARTIES: Regina Ronald Ian Lennox

FILE NUMBER(S): 96/31/0063

COUNSEL: Mr Holles for the ODPP Mr Goldring for Mr Lennox

SENTENCE

1. Ronald Ian Lennox was arraigned before me today on a charge that on 5 September 2006 at Bulahdelah he possessed a prohibited drug, namely methylamphetamine. Exhibit A tendered by the Crown was a set of facts.

2. Briefly, Mr Lennox was driving a semi-trailer north on the Pacific Highway at 90 to 100 kilometres an hour on a straight section. The prime mover and the trailer left the road and climbed an embankment and rolled over. Fortunately Mr Lennox was not injured - and fortunately - nor were other road users. The semi-trailer was extensively damaged. Police arrived and spoke with him. He passed a breathalyser test, but the police noticed that he was unsteady on his feet and that his eyes were dilated and he seemed to be vague. They took him to a hospital where a blood and urine sample were obtained. They found some items in the cabin which contained syringes, white powder and crystalline substance. Certain parts of those items were found to contain amphetamine and the total amount of amphetamine, including dextrose, which was some of the other substance, came to more than 26 grams.