R v Gaddie, Justyn [2007] NSWDC 374

New South Wales District Court

CITATION: R v Gaddie, Justyn [2007] NSWDC 374

JUDGMENT DATE: 6 December 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Convicted. Adjourned 9 months S.11 conditional bail. Report to court on progress at 3 monthly intervals and other conditions.

CATCHWORDS: Criminal Law - Sentencing - On-going supply prohibited drug - ecstasy - 2 Form 1 drug matters - 3 supplies within 2hour period - total 9 tablets - 1.70 grams - not an isolated incident - young offender - six year working history - family and girl fried support - alcohol issues.

PARTIES: Regina Justyn Gaddie

FILE NUMBER(S): 2007/9902

SOLICITORS: Crown: Mr L Crepaldi Accused: Mr P Linegar

JUDGMENT

1. Justyn Gaddie is a relatively unsophisticated 20 year old. Prior to this offending conduct which brought him before the Court, he is what is known as "a cleanskin", that is, he has never been previously charged with or convicted of any offence. He is before the Court having been charged with and pleading guilty to an ongoing supply of ecstasy. There are two further offences which he admits pursuant to s 32 of the Crimes (Sentencing Procedure) Act 1989 and asks that they be taken into account on a Form 1, namely, supplying three tablets of ecstasy at Castle Hill on 16 September and having in his possession a prohibited drug, namely, cannabis seeds totalling 21 grams on 16 February 2007.

2. Today begins the process by which he is to be held accountable for his criminal conduct. In this case there is a real question of whether his level of and reasons for dealing in drugs is such that a full time sentence may be called for. S.5 (1) of the Crimes (Sentencing Procedure) Act seeks to make imprisonment a sentence of last resort. In the spirit of that sub section, I am satisfied full time custody should be a sentence of last resort.