R v Darren Andrew COLE [2008] NSWDC 126

New South Wales District Court

CITATION: R v Darren Andrew COLE [2008] NSWDC 126

HEARING DATE(S): 1 May 2008 EX TEMPORE JUDGMENT DATE : 1 May 2008

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The offender is sentenced to imprisonment with a non-parole period of twelve months to date from 1 May 2008. and a head sentence of two years and three months. The offender will thus be released to parole on 30 April 2009.

CATCHWORDS: CRIMINAL LAW - sentence - supply prohibited drug - trafficking to a substantial degree - full admissions - emotional trauma - post traumatic stress

PARTIES: The Crown Darren Andrew Cole

FILE NUMBER(S): DC/2008/11/0186

SOLICITORS: NSW DPP Legal Aid Commission

SENTENCE

1 The offender, Darren Andrew Cole, appears for sentence after having pleaded guilty at an early stage to an offence of supplying a prohibited drug, the drug in question was amphetamine in the form of Ice.

2 The offender came to the attention of police due to his manner of driving. He sped past police and so they decided to stop him. He, through his manner of driving, indicated that he was not going to stop and it was not until he collided with another car that police were able to arrest him. Police then searched the vehicle driven by the offender. They discovered both drugs and indicia of drug supply. They found two resealable bags containing a crystal substance, thirty-three unused plastic resealable bags, a set of palm scales. They also found on the offender a substantial amount of money, $4,290.

3 The offender has pleaded guilty to an offence of goods in custody in relation to that money and has asked that I take it into account when sentencing him for the drug supply matter.