R v David Sydney Lowe [2009] NSWDC 303

New South Wales District Court

CITATION: R v David Sydney Lowe [2009] NSWDC 303

HEARING DATE(S): 23 October 2009 JUDGMENT OF: Conlon SC DCJ

Drug Misuse and Trafficking Act 1985 LEGISLATION CITED: Firearms Act 1996 Weapons Prohibition Act 1998 Crimes (Sentencing Procedure) Act 1999

R v Hoon and R v Pouoa [2000] NSWCCA 137 R v Smiroldo (2000) 112 ACrimR 47 R v Cheikh and Hoete (2004) NSWCCA 448 CASES CITED: R v Knight and R v Biuvanua (2007) NSWCCA 283 R v Bavadra (2000) 115 A Crim R 152 Pearce v R (1998) 194 CLR 160 R v Qatami [2001] NSWCCA 353

PARTIES: Regina David Sydney Lowe

COUNSEL:

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JUDGMENT

1 HIS HONOUR: The offender David Lowe appears for sentence in respect of a number of charges. He pleaded guilty in the local court on 25 February 2009 to a charge of ongoing supply of prohibited drug (namely, methylamphetamine) contrary to s 25A of the Drug Misuse and Trafficking Act and also a charge of supplying a prohibited drug (namely, methylamphetamine) not less than the commercial quantity, contrary to s 25(2) of the Drug Misuse and Trafficking Act. Each charge carries a maximum penalty of twenty years imprisonment.

2 On 22 May 2009 at Campbelltown District Court he pleaded guilty to the following five counts on an indictment. "1. Supply a prohibited drug (479.6 grams of methylamphetamine) being not less than the commercial quantity - s 25(2) maximum penalty twenty years imprisonment.

2. Cultivate a prohibited plant by enhanced indoor means for a commercial purpose - s 23(1A) maximum penalty fifteen years imprisonment.