R v Wilkins [2007] NSWDC 65

New South Wales District Court

CITATION: R v Wilkins [2007] NSWDC 65

HEARING DATE(S): 15/03/07

JUDGMENT DATE: 15 March 2007

JURISDICTION: Criminal

JUDGMENT OF: Norrish QC DCJ

DECISION: See paragraphs 56 - 59.

CATCHWORDS: Criminal Law - Sentence - supply methamphetamine - on going supply methamphetamine - cooperation with authorities - early plea - parity - partial accumulation - Form 1 matters.

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999

R v Tisalandis (1982) 2 NSWLR 430 Thomson and Houlton (2000) 49 NSWLR 309 CASES CITED: SZ v Regina [2007] NSWCCA 19 R v Sukkar [2006] NSWCCA 92 R v El Hani [2004] NSWCA 162 Pearce v The Queen (1998) 194 CLR 610

PARTIES: Regina Shayne Robert Wilkins

FILE NUMBER(S): 06/11/0116

COUNSEL: Mr Corr Mr Weir

SOLICITORS: DPP Legal Aid NSW

JUDGMENT

SENTENCE

1 HIS HONOUR: The prisoner, Shayne Robert Wilkins, appears today for sentence in relation to four charges to which he pleaded guilty at the Local Court. The four charges are firstly that he, between 27 November and 16 December 2005 at Wagga Wagga in the State of New South Wales, did, on three or more separate occasions during a period of thirty consecutive days, supply a prohibited drug other than cannabis, to wit, N,N-dimethylamphetamine (common known as "speed") for financial or material reward. This is an offence brought pursuant to s 25A(1) Drug Misuse and Trafficking Act 1985 and carries a maximum penalty of twenty years imprisonment.

2 The second charge in time to which he pleaded guilty is another offence pursuant to s 25A(1) alleging ongoing supply of methylamphetamine between 20 January 2006 and 4 February 2006.