Regina v Justin James Martin [2007] NSWDC 358

New South Wales District Court

CITATION: Regina v Justin James Martin [2007] NSWDC 358

JUDGMENT DATE: 9 October 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Sentenced to three years and four months imprisonment with a non-parole period of one year and eight months.

CATCHWORDS: Criminal law - Sentence - Supply prohibited drugs ongoing basis - Small scale enterprise - Assistance to authorities - Addiction to methamphetamine - No previous convictions - Good prospects of rehabilitation - Special circumstances

LEGISLATION CITED: s25A Drug Misuse and Trafficking Act 1985 s23 Crimes (Sentencing Procedure) Act 1999

CASES CITED: Regina v Smiroldo (2000) 112 A Crim R 47

PARTIES: Regina Justin James Martin

FILE NUMBER(S): 07/51/0067

COUNSEL: Mr McPherson for the Crown

SOLICITORS: Mr Falcomata for the offender

SENTENCE

1. I am sentencing Justin James Martin for the offence of supplying prohibited drugs on an ongoing basis. That is an offence under s25A of the Drug Misuse and Trafficking Act 1985 and carries a maximum of twenty years imprisonment. The drugs to which that particular section apply do not include cannabis and in this case the drugs which were being supplied on an ongoing basis were methylamphetamine. Mr Martin pleaded guilty, it is accepted, at the earliest opportunity.

2. Briefly this is what happened. Mr Martin was identified by the police intelligence as a supplier of amphetamines in the Armidale area. Police set up an operation involving undercover operatives. Those undercover operatives made contact with Mr Martin over a period of some days and he supplied them with drugs on each of the days.