R v Sinkovich [2009] NSWDC 324

New South Wales District Court

CITATION: R v Sinkovich [2009] NSWDC 324

HEARING DATE(S): 6 November 2009 JUDGMENT OF: Conlon SC DCJ

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 Crimes (Sentencing procedure) Act 1999

CASES CITED: R v Way [2004] NSWCCA 131

PARTIES: Regina Frank John Sinkovich

COUNSEL: Craig Everson(Crown) Geoffrey Nicholson QC (Defence)

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JUDGMENT

1 HIS HONOUR: On 6 July 2009 following trial a jury returned verdicts of guilty in respect of the following two counts:

2 Count 1, that on 12 June 2008 at Minto in the State of New South Wales he did knowingly take part in the supply of a prohibited drug, namely methylamphetamine.

3 Count 2, that between 29 June 2008 and 5 July 2008 at Minto in the State of New South Wales he did supply a prohibited drug, being not less than the commercial quantity of methylamphetamine.

4 Count 1 is contrary to s 25(1) of the Drug Misuse and Trafficking Act and carries a maximum penalty of fifteen years imprisonment. Count 2 is contrary to s 25(2) and carries a maximum penalty of twenty years imprisonment.

5 Consistent with the verdicts of the jury, I am satisfied of the following facts beyond reasonable doubt. In May 2008 Operation Fiesta was formed to investigate the supply of methylamphetamine in the Minto and Claymore areas. As part of this a controlled operation was authorised on 5 June 2008. On 12 June 2008, a police undercover operative (UCO) known as "Peter" attended Swettenham Road Minto carrying $2,700 in cash. He wore a listening device.

6 The offender Frank Sinkovich drove the co-offender Lowe to this location and waited nearby. Lowe walked to the undercover operative's car. The UCO's car could be seen from the position Sinkovich occupied beside his car. Lowe then supplied the UCO with one ounce (31.83 grams, that is gross weight) of methylamphetamine in exchange for the $2,700; later analysed and weighed that indicated a net total of 27.2 grams. During this meeting there was conversation about a further supply. In this conversation the co-offender Lowe referred to Jack (co-offender Tutton) as a person who would chase money for him and that the UCO would meet him the next week. Lowe told the UCO that Jack was "like my uncle... 'cause my father's who we work for in this".