R v STACEY [2010] NSWDC 151

New South Wales District Court

CITATION: R v STACEY [2010] NSWDC 151

HEARING DATE(S): 2 June 2010 EX TEMPORE JUDGMENT DATE : 2 June 2010

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Effective sentence consisting of a non-parole period of two years with a total sentence of four years.

CATCHWORDS: CRIMINAL LAW - Sentence - Supply - Ongoing supply - MDMA - Proceeds of Crime

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

PARTIES: The Crown Jon Christopher Stacey

FILE NUMBER(S): DC 2009/00061036

SOLICITORS: Director of Public Prosecutions Michael Bowe - Offender

JUDGMENT

1 HIS HONOUR: Jon Christopher Stacey appears for sentence today having pleaded guilty at the local court to a number of serious offences, all involved the supply of drugs. There was one offence of supply, one offence of ongoing supply, a further offence of supply relating to drugs found in his possession on his arrest, as well as the related matters of dealing with the proceeds of crime and possessing prohibited drug. The supply matters and the dealing with the proceeds of crime matter all relate to the offender's large scale supplying of the drug ecstasy. The possess prohibited drug matter relates to a single tab of LSD.

2 The offender was a user of cocaine. In order to fund that drug use he began supplying drugs. He clearly came to the attention of police who put an undercover officer in contact with him. On 25 June 2009 that officer telephoned the offender and organised to purchase 100 MDMA tablets for $2,200. They met later that day and the purchase took place. That relates to the single act of supply, the subject of the first count that I mentioned. Then on four occasion between 2 July and 29 July, the offender supplied that undercover officer with a large number of other tablets of ecstasy, 600 in total: 200 on 2 July, 100 on 7 July, 100 on 16 July and 200 on 28 July. He was arrested on 6 August. Police found a large quantity of cash in his possession which clearly came to him from drug supply activities. They then executed a search warrant on premises where he was living and found a quantity of MDMA tablets and some powder weighing total of 65.77 grams. The facts do not detail the number of tablets that involves but some basic mathematics allows me to say that there must have been at least the equivalent of 200 tablets given the weights and quantities involved in the offender's other misconduct. This was, as I said, large scale drug dealing. There are at least 900 tablets either supplied or held by the offender for the purposes of supplying them. The total weight was something in the order of 240 grams, almost twice the commercial quantity applicable to MDMA.