R v Powell [2007] NSWDC 227

New South Wales District Court

CITATION: R v Powell [2007] NSWDC 227

HEARING DATE(S): 03/04/07 17/05/07

JUDGMENT DATE: 17 May 2007

JURISDICTION: Criminal

JUDGMENT OF: Conlon SC DCJ

DECISION: CONVICTED: Counts 4-7 Sentenced to fixed terms of 6 months imprisonment; Counts 1-3 Sentenced to non-parole period of 15 months with an additional 2 years and 6 months. Special Circumstances.

CATCHWORDS: Supply prohibited drug - Receive proceeds of crime - Assistance to authorities

LEGISLATION CITED: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW)

CASES CITED: Regina v Clarke (unreported NSWCCA 15 March 1990) Regina v PP [2005] NSWCCA 214

PARTIES: Crown Haydn Powell (Accused)

FILE NUMBER(S): 07/41/0012

SOLICITORS: Ms T Pawliw (Crown) Mr N Burke (Accused)

JUDGMENT

1 HIS HONOUR: The offender Haydn Isaac Powell appears for sentence following his pleas of guilty to the following charges:

2 Count 1: That between 5 May 2006 and 21 June 2006 at Fairy Meadow in the State of New South Wales he did supply a prohibited drug, namely cannabis, in the amount of 1.569 kilograms being an amount more than the indictable quantity but less than the commercial quantity. That is an actual supply and the maximum penalty is one of fifteen years imprisonment;

3 Count 2: That between 5 May 2006 and 21 June 2006 at Fairy Meadow in the State of New South Wales he did supply a prohibited drug, namely 3,4 methylenedioxymethamphetamine in the amount of 9.9 grams being an amount more than the indictable quantity but less than the commercial quantity. That is also an actual supply and the maximum penalty is one of fifteen years imprisonment;