Director of Public Prosecutions v Matthew Alan REYNOLDS [2011] NSWLC 25

Local Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions v Matthew Alan REYNOLDS [2011] NSWLC 25 Decision date: 11 August 2011 Jurisdiction: Criminal Before: Henson DCJ, Chief Magistrate Decision: The offender is convicted on each of the three charges. On count 3 (the offence of 4/11/10) he is sentenced to imprisonment for 6 months. On counts 1 and 2 (the offences of 5/11/10) he is sentenced to imprisonment for 7 months and 15 days. Each of the three sentences is to be served concurrently. In the exercise of the Court's discretion pursuant to section 45(1) of the Act I decline to set a non-parole period. Catchwords: SENTENCE - supply drug - police officer - considerations of mental illness re moral culpability and general deterrence - assistance to authorities - application of discount Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Case Conferencing Trial Act 2008 Criminal Procedure Act 1986 Drugs Misuse and Trafficking Act 1985 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Han v R [2009] NSWCCA 300 Hili v R; Jones v R [2010] HCA 45 R v Borkowski [2009] NSWCCA 102 R v Cartwright (1989) 17 NSWLR 243 R v Chapman (Unreported, NSWCCA, 21 May 1998) R v Doan (2000) 50 NSWLR 115 R v Engert (1995) 84 A Crim R 67 R v Gallagher (1991) 23 NSWLR 220 R v Gip (2006) 161 A Crim R 173 R v Hamid [2006] NSWCCA 302 R v Kennedy [2000] NSWCCA 527 R v M [2005] NSWCCA 224 R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Wright (1997) 93 A Crim R 48 R v Zamagias [2002] NSWCCA 17 SZ v R [2007] NSWCCA 19 Category: Sentence Parties: Director of Public Prosecutions Matthew Alan Reynolds (the offender) Representation: Ms A Faraj for the Director of Public Prosecutions Mr K Madden for the offender File Number(s): 2010/375929