R v Dimitri TIMON [2010] NSWSC 189

New South Wales Supreme Court

CITATION : R v Dimitri TIMON [2010] NSWSC 189

HEARING DATE(S) : 22/07/09-24/07/09, 27/07/09-31/07/09, 03/08/09-07/08/09, 10/08/09-14/08/09, 17/08/09-20/08/09, 24/08/09-27/08/09, 04/03/10

JUDGMENT DATE : 18 March 2010

JUDGMENT OF : Hidden J

DECISION : Ongoing supply of prohibited drug (2 Form 1 matters) - 2 1/2 years FT from 18.6.06. Unauthorised possession of pistol (Form 1 matter) - 3 years, NPP 18 months, from 18.12.08.

CATCHWORDS : CRIMINAL LAW - sentence - conviction after trial of unauthorised possession of pistol - plea of guilty to ongoing supply of prohibited drug - Form 1 matters

Firearms Act 1996 LEGISLATION CITED : Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999 Confiscation of Proceeds of Crime Act 1989

CATEGORY : Sentence

CASES CITED : R v Najem [2008] NSWCCA 32

PARTIES : REGINA (Crown) Dimitri TIMON (Offender)

FILE NUMBER(S) : SC 2007/2406

COUNSEL : G Tabuteau (Crown) K Chapple SC (Offender)

SOLICITORS : S Kavanagh (Solicitor for Public Prosecutions) (Crown) Dennis & Company (Offender)

- 9 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

HIDDEN J

Thursday 18 March 2010

2007/2406 R v Dimitri TIMON

REMARKS ON SENTENCE 1 HIS HONOUR: The offender, Dimitri Timon, stands for sentence for a number of offences. Before setting those offences out, it is convenient to refer to the circumstances giving rise to them and the history of the proceedings.

Background 2 On 18 June 2006 a man was shot dead at the home unit at Bondi Junction where the offender lived. The weapon which killed him, a Beretta .32 calibre self-loading pistol, was found in the grounds of the unit block. Ammunition suitable for use in the weapon was found during a search of the unit. The offender was arrested that same day and charged with the murder of the man, and he has remained in custody since. 3 In July 2008 he was put on trial before Norrish AJ for murder and for unauthorised possession of the pistol. The jury was unable to agree on a verdict on either charge. In February 2009 he was put on trial again before me for the same two charges, and again the jury was unable to agree on a verdict on either of them. In July 2009 he was tried yet again before me, this time for the manslaughter of the man and the same charge of unauthorised possession of the pistol. That jury also could not agree on a verdict on the manslaughter count, but he was found guilty of the count of possessing the pistol. 4 He is now to be sentenced for that charge, that is, his possession of the pistol, without authorisation by licence or permit, at Bondi Junction on 18 June 2006. This is an offence under s 7(1) of the Firearms Act 1996, carrying a maximum sentence of imprisonment for 14 years and a standard non-parole period of 3 years. As to the ammunition, he asks that I take into account on a Form 1 an offence of possessing ammunition without holding a licence or permit for a firearm which takes it. This is an offence under s 65(3) of the Firearms Act, which carries a fine only. 5 In the course of the search of the offender's unit, police also found a quantity of amphetamine and cocaine. In addition, he was subsequently charged with ongoing supply of methylamphetamine arising from his selling that drug on three occasions in the week or so before 18 June 2006. 6 This led to his pleading guilty before me to a charge of ongoing supply of a prohibited drug, namely methylamphetamine, over a period of 30 consecutive days between 18 May and 18 June 2006, for financial reward. This is an offence under s 25A of the Drug Misuse and Trafficking Act 1985, carrying a maximum penalty of imprisonment for 20 years. In relation to the drugs found at his unit, he asks that I take into account on a second Form 1 a charge that on 8 June 2006 at Bondi he had a quantity of methylamphetamine in his possession for supply, and a charge in similar terms in relation to a quantity of cocaine. Each of those is an offence of supplying a prohibited drug under s 25(1) of the Drug Misuse and Trafficking Act, arising from the deeming provision to be found in s 29, and carries a maximum sentence of 15 years imprisonment. 7 The circumstances giving rise to the drug charges had earlier been the subject of counts in an indictment laid in the District Court, and there was to be a trial. However, early this year, after the offender indicated his willingness to plead guilty to the ongoing supply charge and to have the other offences dealt with on the Form 1, procedures were put in place to have those proceedings transferred to this Court, so that all outstanding charges could be dealt with together.