R v Grant DURRINGTON; R v Matthew John CORBY [2008] NSWDC 362

New South Wales District Court

CITATION: R v Grant DURRINGTON; R v Matthew John CORBY [2008] NSWDC 362

JUDGMENT DATE: 31 July 2008

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: In respect of Mr Corby - good behaviour bond for period of 3 years. In respect of Mr Durrington - good behaviour bond for period of 3 years.

CATCHWORDS: CRIMINAL LAW - sentence - knowingly taking part in the supply of a prohibited drug - plea of guilty - no prior convictions - applicability of Clark principles

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 s 25(1) Crimes (Sentencing Procedure) Act 1999 s 9

CASES CITED: R v Clark

Regina PARTIES: Matthew John Corby Grant Durrington

FILE NUMBER(S): 2008/6248; 2007/12253

COUNSEL: Mr Strickland S.C. (for Durrington)

SOLICITORS: Director of Public Prosecutions Mr Mazurkiewicz (for Corby)

JUDGMENT

1. I am sentencing two young men for crimes under the Drug Misuse and Trafficking Act 1985. Each of them has pleaded guilty to knowingly taking part in the supply of a prohibited drug, namely MDMA, commonly referred to as Ecstasy. Each of them, as I said, has pleaded guilty and I convict each of them of that offence, the offences against s 25 (1) of the Drug Misuse and Trafficking Act. The offence carries a maximum of fifteen years imprisonment.

2. One young man, Matthew John Corby, pleaded guilty on 20 March 2008 at his arraignment before the Parramatta District Court. His offence was committed on 1 February 2007 and he was arrested two weeks later on 15 February.

3. The other offender, Mr Grant Durrington, pleaded guilty on 4 February 2008 at committal at Parramatta Local Court. He committed his offence on 11 January 2007 and was arrested at the same time as Mr Corby on 15 February 2007.