R v Ray [2014] NSWDC 279

District Court New South Wales

Medium Neutral Citation: R v Ray [2014] NSWDC 279 Hearing dates: 3 November 2014 Decision date: 04 November 2014 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: (1) The offender is convicted of the offences of supplying a prohibited drug on an ongoing basis, supplying a prohibited drug and two counts of dealing with property, suspected proceeds of crime. (2) For the offences of supplying a prohibited drug on an ongoing basis and supplying a prohibited drug, an aggregate sentence of 4 years and 10 months is imposed to commence on 12 June 2013 and to expire on 11 April 2018. The non-parole period of 3 years and 4 months is to commence on 12 June 2013 and expire on 11 October 2015. (3) The offender is convicted of the two offences of dealing with the proceeds of crime, with no further penalty imposed as per s 10A of the Crimes (Sentencing Procedure) Act 1999 (NSW). Catchwords: CRIMINAL LAW – sentence - particular offences - drug offences - supply prohibited drug - ongoing basis - methylamphetamine – proceeds of crime - undercover operative- plea of guilty at earliest opportunity - 25% discount - some remorse and insight - assertion of some moral parameters to drug supplying - driven by addiction - prior convictions - aggravating factors - special circumstances for adjusting ratio between head sentence and non-parole period - general and specific deterrence - guarded prospects of rehabilitation - aggregate sentence Legislation Cited: Crimes Act 1900 (NSW), s 193C(1) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10A, 21A(2) Drug (Misuse and Trafficking) Act 1985 (NSW), ss 25A(1), 25(1) Category: Sentence Parties: Regina (Crown) Glen Allan Ray (offender) Representation: Counsel: J Fitzgerald (offender)