R v Brett STAAS [2012] NSWDC 287

District Court New South Wales

Medium Neutral Citation: R v Brett STAAS [2012] NSWDC 287 Decision date: 28 June 2012 Before: Cogswell SC DCJ Decision: Convicted of conspiracy to manufacture a prohibited drug (methylamphetamine) in an amount not less than indictable quantity; supply prohibited drug (methylamphetamine) in the indictable quantity; solicit to manufacture a prohibited drug (methylamphetamine) in an amount not less than the commercial quantity. Aggregate sentence imposed: 4 years, 10 months imprisonment, non-parole period 2 years, 2 months, balance 2 years, 8 months. Catchwords: CRIMINAL LAW - Particular offences - drug offences - offender sourced chemicals in a conspiracy to manufacture methylamphetamine - solicited undercover operative to cook methylamphetamine -supplied methylamphetamine to undercover operative - Sentence - parity - offender original and primary participant in conspiracy - role equal to co-conspirator McGregor - non-parole period - special circumstances found - hardship to family - precarious psychological health of teenage daughter - capacity of her sole guardian (grandmother) to continue care due to several chronic health conditions - need for offender to continue rehabilitation - no significant prior convictions - good prospects of rehabilitation - general deterrence important regarding supply offence - specific deterrence - unlikely to re-offend - employed and remarried. Legislation Cited: Drug Misuse and Trafficking Act 1985 s 24(1), 24(2), 25(1), 39P Crimes (Sentencing Procedure) Act 1999 s 53A Category: Sentence Parties: Regina (Crown) Brett Staas (Offender) Representation: Counsel: M Barr (Crown) H K Dhanji SC (Offender) File Number(s): DC 2009/42332 Publication restriction: A pseudonym has been used to protect the identity of the offender's young daughter.