R v Daves [2015] NSWDC 356

District Court New South Wales

Medium Neutral Citation: R v Daves [2015] NSWDC 356 Decision date: 02 October 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: For the offences of supplying a prohibited drug and knowingly dealing with the proceeds of crime, an aggregate sentence of imprisonment for five and a half years and a non-parole period of two and a half years. Form 1 taken into account. Catchwords: CRIMINAL LAW – sentence – particular offences – drug offences – supply prohibited drug – knowingly deal with proceeds of crime – relevant factors – prior criminality – criminal record for similar offences – nature and circumstances of offender – development of serious physical disability – drug problem related to pain management – addictive personality trait – efforts to rehabilitate while on bail evident – genuine remorse – good prospects of rehabilitation – gravity of offences – middle of the range of objective seriousness – physical disability not so exceptional as to warrant imposing anything other than a full time custodial sentence – pleas of guilty not entered at earliest opportunity – 10% discount – finding of special circumstances – Form 1 taken into account for offences of drug supply and possession Legislation Cited: Crimes Act 1900 (NSW), s 193B(2) Crimes (Sentencing Procedure) Act 1999 (NSW), s 32 Drugs Misuse and Trafficking Act 1985 (NSW), s 25 Cases Cited: R v Clark (Court of Criminal Appeal (NSW),15 March 1990, unrep) Category: Sentence Parties: Regina (Crown) Desmond John Daves (Offender) Representation: Counsel: P Curtis (Offender)