R v Edward Herbert ELELMAN [2009] NSWDC 163

New South Wales District Court

CITATION: R v Edward Herbert ELELMAN [2009] NSWDC 163

HEARING DATE(S): 22 May 2009

JUDGMENT DATE: 22 May 2009

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: For the offence of supplying prohibited drug on 29 April 2008 the offender is sentenced to a fixed term of imprisonment for one year to date from 19 November 2008. For the offence of supplying a prohibited drug on 22 May 2008 the offender is sentenced to imprisonment. I set a non parole period of one year to date from 19 May 2009. It will expire on 18 May 2010 and I set a balance of term of 18 May 2012, thus the offender will be eligible to be released to parole on 18 May 2010. Property and money forfeited.

CATCHWORDS: CRIMINAL LAW - Sentence - Supply prohibited drug - Amphetamine - Hardship to a third party

PARTIES: The Crown Edward Herbert Elelman

FILE NUMBER(S): DC 2008/11/1185

SOLICITORS: NSW DPP Catherine Hunter

SENTENCE

1 HIS HONOUR: Edward Elelman appears for sentence today after having pleaded guilty at an early opportunity to two offences of supplying a prohibited drug. On each occasion the drug involved a relatively small quantity of amphetamine. The offender was a drug user in the northern beaches area. He knew a woman by the name of Suzanne Lenton. She was in contact with an undercover police officer, although she did not know that he was an uncover police officer at the time. He, over the period of a bit more than a month, obtained seven separate quantities of methylamphetamine from Ms Lenton. Ms Lenton in turn needed to obtain her drug supplies from someone and on two occasions she obtained them from this offender. They were on 29 April 2008 and 22 May 2008.