R v O'Casy, Angus [2010] NSWDC 110

New South Wales District Court

CITATION: R v O'Casy, Angus [2010] NSWDC 110

HEARING DATE(S): 15/04/2010 and 19/04/2010

JUDGMENT DATE: 20 April 2010

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Sentence 15 months minimum term. Balance of term of 1 year and 9 months

CATCHWORDS: Criminal Law - Sentencing - Supply Prohibited Drugs - MDMA (Ecstacy) - 700 tablets (175 grams) - purchased 900 tablets for $12K - proposed to sell in Alice Springs - hoping to receive $40 -$50 per tablet - 22gms Cannabis leaf on Form 1 - random roadside breath test - drugs concealed in back pack in car boot - estimate 28 - 140 deals - po0ssession of drugs represents offender graduating from small time supplier to mid-level supplier - on bail at time of offending - possible standard non parole offence - below mid range of seriousness - no actual lsupply - potential for harm not realised at time of arrest - plea of guilty - subjective circumstances reviewed.

R v Cuthbert [1967] 2 NSWR 329 R v Rushby [1977] 1 NSWLR 597 CASES CITED: R v Hayes [1984] 1 NSWLR 740 Lozanovski v The Queen [2009] NSWCCA 123 R v Hearne (2007) 124 AcrR 457 R v Clarke unreported NSWCCA 15 3 90

TEXTS CITED: Drug Law in New South Wales 2nd ed, Zahra et al

PARTIES: Regina Angus Bartholomew O'Casey

FILE NUMBER(S): 2009/4755

COUNSEL: Crown: G Corr

SOLICITORS: Defence: Mr D Davidge

JUDGMENT

1. In 2006 Angus O'Casey was the victim of a serious assault to his head resulting in skull fractures and damage to his auditory canal and significant psychological problems. On the basis of those injuries O'Casey received $37,000 by way of a victim injuries compensation payment in late October 2008.