R v McPhillips [2006] NSWDC 92

New South Wales District Court

CITATION: R v McPhillips [2006] NSWDC 92

HEARING DATE(S): 18/8/2006, 20/9/2006

JUDGMENT DATE: 5 October 2006

JUDGMENT OF: Conlon SC DCJ at 1

DECISION: See para 39

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 ss 25, 25A Crimes (Sentencing Procedure) Act 1999 ss 3A, 5, 22

R v Clarke (NSWCCA unreported 15 March 1990) R v Sharma (2002) 54 NSWLR 300 R v Thomson and Houlton (2000) 49 NSWLR 383 R v Hoon and Pouoa [2000] NSWCCA 137 CASES CITED: R v Smiroldo (2000) 112 A Crim R 47 R v Cheikh and Hoete [2004] NSWCCA 448 R v Petersen (NSWCCA unreported 6 August 1992) R v Way [2004] NSWCCA 131 R v Bimahendali (1999) 109 A Crim R 355

PARTIES: Regina Jonathan Paul McPhillips

FILE NUMBER(S): 06/41/0150

COUNSEL: Mr J Peluso (offender)

SOLICITORS: Mr Y Astar, Mr D Wallace (DPP) Mr M Abboud (Michael Abboud & Co)

JUDGMENT

1 HIS HONOUR: The offender, Jonathan Paul McPhillips, appears for sentence consequent upon his pleading guilty to the following two charges. First, that between 8 March 2005 and 2 April 2005 he did on three or more separate occasions supply a prohibited drug for financial reward, namely 3,4-methylenedioxy-methylamphetamine, the maximum penalty being twenty years imprisonment. Secondly, that between 1 March 2005 and 4 May 2005 he did supply a prohibited drug, namely cannabis, the maximum penalty for that offence being one of imprisonment for ten years.

2 The offender has asked the Court to take into account five further matters on a Form 1 schedule.