R v ZERNER [2010] NSWDC 157

New South Wales District Court

CITATION: R v ZERNER [2010] NSWDC 157

HEARING DATE(S): 18 February 2010 9 April 2010

JUDGMENT DATE: 9 April 2010

JURISDICTION: District Court Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: On each of the related s 166 matters I impose a sentence of imprisonment of four months fixed term to be served by way of periodic detention. For the offence of supplying a prohibited drug, the offender is sentenced to imprisonment for two and a half years. I set a non-parole period of eighteen months, and order that that sentence also be served by way of periodic detention. All of those sentences are to be served concurrently. I dismiss the backup charge on the 166 certificate.

CATCHWORDS: CRIMINAL LAW - Sentence - Supply prohibited drug - Possess prohibited weapon without a permit - Ecstasy - Anabolic Steroid

PARTIES: The Crown Timothy Frank Zerner

FILE NUMBER(S): DC 2009/00006166

COUNSEL: Mr M Johnston - Offender

SOLICITORS: The Director of Public Prosecutions Nyman Gibson Stuart - Offender

SENTENCE

1 HIS HONOUR: The law in relation to those who supply prohibited drugs is clear: those who traffic to a substantial degree must receive a full-time custodial sentence unless exceptional circumstances can be demonstrated. In this case Mr Johnston, who now appears for the accused, concedes the first of those matters but seeks to persuade me that there are exceptional circumstances which would justify a sentence other than a full-time imprisonment. He suggests one of periodic detention. However, the matters that Mr Johnston relies on are, with one possible exception which I will deal with later, not exceptional at all but common place.