R v Peter KOKLA [2013] NSWDC 209

District Court New South Wales

Medium Neutral Citation: R v Peter KOKLA [2013] NSWDC 209 Decision date: 03 June 2013 Before: Cogswell SC DCJ Decision: For the offence of possess a prohibited drug (MDA) s 10A dismissal. For the offence of supply a commercial quantity of a prohibited drug (nexus/bromo) sentenced to 4 years imprisonment, non-parole period 2 years, 3 months. For the offence of supply a prohibited drug (gamma butyrolactone) sentenced to 18 months fixed term imprisonment. Form 1 for 8 offences taken into account. Two supply sentences concurrent. Catchwords: CRIMINAL LAW - Particular offences - drug offences - Sentence - relevant factors - prior criminality - significant that offences committed while on bail for drug offences and while undertaking MERIT program - criminal record includes drug supply offence - prospects of rehabilitation moderated by untreated serious drug addiction - standard non-parole period - supply commercial quantity offence not in middle of range of objective seriousness - lower end of objective seriousness - low street value and quantity - low purity (3%) - supply prohibited drug offence at lower end of objective seriousness - relatively low street value and quantity - offender a low level user/dealer - special circumstances - needs supervision on parole to deal with addiction and re-establish himself within community. Legislation Cited: Crimes (Sentencing Procedure) Act 1999, s 10A, s 32. Criminal Procedure Act 1986, s 166, s 167(1). Drug Misuse and Trafficking Act 1985, s 10(1), s 25(1), s 25(2), s 39P. Poisons and Therapeutic Goods Act 1966, s 16(1). Category: Sentence Parties: Peter Kokla (Offender) Regina (Crown) Representation: Counsel: A Williams (Offender) Solicitor: Office of Director of Public Prosecutions (Crown) File Number(s): DC 2012/89590