R v Glen Michael Rootsey [2015] NSWDC 98

District Court New South Wales

Medium Neutral Citation: R v Glen Michael Rootsey [2015] NSWDC 98 Hearing dates: 10 June 2015 Date of orders: 19 June 2015 Decision date: 19 June 2015 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: For Orders see [52] Catchwords: Ongoing supply prohibited drugs; supply prohibited drugs; sentencing Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Confiscation of Proceeds of Crime Act 1989 Cases Cited: Braithwaite v R [2005] NSWCCA 451 Pearce v R (1998) 194 CLR 610 R v Burns [2007] NSWCCA 228 R v Carrion (2000) 49 NSWLR 149 R v Farah [2005] NSWCCA 67 R v Giang [2005] NSWCCA 387 R v MRN [2006] NSWCCA 1555 R v Wong [1999] NSWCCA 420 Veen v R (No. 2) (1998) 164 CLR 465 Category: Sentence Parties: Director of Public Prosecutions (Crown Solicitor) Glen Michael Rootsey (Offender) Representation: Counsel: K Stanley (Crown Prosecutor) M North (Offender) File Number(s): 14/267097 Publication restriction: Nil

REMARKS ON SENTENCE

Introduction 1. The offender is charged with two offences as follows: 1. Supply prohibited drug on an ongoing basis, being heroin, pursuant to s 25A(1) of the Drug Misuse and Trafficking Act 1985. For that offence the maximum penalty is a term of imprisonment of 20 years, a fine of $385,000 or both. There is no standard non-parole period proscribed for that offence. 2. Supply prohibited drugs, namely, 2.78 grams of heroin pursuant to s 25(1) of the Drug Misuse and Trafficking Act 1985. The maximum penalty proscribed is 15 years imprisonment and a fine of $220,000 or both. Again there is no standard non-parole period proscribed in respect of that offence. 1. In respect of the first offence, there are three further charges to be taken into account by way of a Form 1 and they are as follows: 1. 17 June 2014 supply prohibited drug greater than indictable quantity (not cannabis). 2. 27 May 2014 supply prohibited drug greater than small and less than indictable quantity. 3. 20 May 2014 supply prohibited drug greater than small and less than indictable quantity. 1. A s 166 Certificate pursuant to the Criminal Procedure Act 1986 has been certified in relation to three back-up offences being three offences of supply prohibited drug heroin, however, the Crown consents to an order dismissing each of those charges following sentence on the two charges above. 2. The Crown also seeks an order pursuant to the Confiscation of Proceeds of Crime Act 1989 in respect of the sum of $11,050.00. That order is not opposed by the offender. 3. The offender was arrested on 10 September 2014 and remained in custody until he was granted bail by the Supreme Court on 4 February 2015. He has therefore served 148 (or 4 months and 25 days) days in custody.