R v Robert KAUTER [2008] NSWDC 195

New South Wales District Court

CITATION: R v Robert KAUTER [2008] NSWDC 195

HEARING DATE(S): 14 August 2008

JUDGMENT DATE: 14 August 2008

JURISDICTION: Crimiinal

JUDGMENT OF: Berman SC DCJ

DECISION: Sentenced to imprisonment with a non-parole period of 3 years and a head sentence of 6 years. Drugs to be destroyed.

CATCHWORDS: CRIMINAL LAW - Sentence - Supply commercial quantity of ecstasy - Trafficking to a substantial degree

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

PARTIES: The Crown Robert Kauter

FILE NUMBER(S): DC 08/11/0593

COUNSEL: P. Hamill (Offender)

SOLICITORS: NSW DPP Nyman Gibson Stewart

JUDGMENT

1 Robert Kauter appears for sentence today having pleaded guilty at the first opportunity to an offence of supplying a commercial quantity of ecstasy. When I sentence him for that matter he asks that I take into account three other matters, one relating to the supply of ketamine, one to the supply of cocaine and a third offence of possessing a restricted substance, namely Viagra.

2 The offender's wrongdoing came to the attention of police when they were conducting one of their now familiar drug dog operations. This time it was police dog Chilli, which the police used. I know that the day of the offender's arrest was shortly before the Mardi Gras and one suspects that police may have been rather active in their efforts because of the relationship between the Mardi Gras and drug use. The drug dog indicated a scent of prohibited drug around the offender when they were patrolling in the Mansions Hotel in Kings Cross at about 7.30pm on 1 March this year. The offender provided an excuse, saying that he had earlier had a smoke, but police took the offender to the male toilets where they began to search him. They there discovered a quantity of cocaine and some tablets which later proved to be ecstasy.