R v Leslie Lloyd [2016] NSWDC 62

District Court New South Wales

Medium Neutral Citation: R v Leslie Lloyd [2016] NSWDC 62 Hearing dates: 19 April 2016 Decision date: 28 April 2016 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence For Orders see [46] Catchwords: Sentencing – ongoing supply of prohibited drugs, break and enter with intent to commit an indictable offence; aggregate sentences Legislation Cited: Confiscation of Proceeds of Crime Act 1989 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Cases Cited: JM v R [2014] NSWCCA 297 McIntosh v R [2015] NSWCCA 184 Mill v The Queen (1988) 166 CLR 59 R v Cahyadi [2007] NSWCCA 1; 168 ACrimR 41 R v Giang [2005] NSWCCA 387 R v Harris [2007]NSWCCA 130 R v Merrin [2007] NSWCCA 255 R v MRN [2006] NSWCCA 1555 R v Ponfield (1999) 48 NSWLR 327 R v Van Ryn [2016] NSWCCA 1 R v Wong [1999] NSWCCA 420 Category: Sentence Parties: Director of Public Prosecutions (Crown) Leslie Lloyd (Offender) Representation: Counsel: A Meredith (Crown) M King (Offender)

Solicitors: File Number(s): 15/178004 Publication restriction: Nil

remarks on SENTENCE 1. The offender was committed for sentence on 27 January 2016 from Wagga Wagga Local Court. He entered a plea of guilty to one count of supply drugs on an ongoing basis between 6 January 2015 and 2 April 2015, pursuant to s 25A(1) of the Drug Misuse and Trafficking Act 1985 ("DMTA"). 2. The offence carries a maximum penalty of 20 years imprisonment or 3,500 penalty units, or both. 3. The Crown bundle on sentence (Ex A), included a certificate pursuant to s 166 of the Criminal Procedure Act 1986 which listed six backup offences (sequences 8-13), which are to be withdrawn following the offender's conviction on the ongoing supply charge. 4. In addition, the offender is to be sentenced in respect of seven further offences pursuant to s 112(2) (four offences), and s 113 (2) (three offences) of the Crimes Act 1900, of aggravated break, enter and steal which occurred on 6 January 2015. The offences carry a maximum penalty of 20 years imprisonment and 14 years imprisonment respectively. 5. The offender was arrested on 16 June 2015 and has remained in custody since then. 6. Exhibit A contains an Agreed Statement of Facts in relation to both series of offences. In relation to the ongoing supply of prohibited drugs, the Agreed Statement of Facts refers to six separate transactions that took place between 24 March 2015 and 2 April 2015, in which the offender supplied to undercover police, methylamphetamine of amounts varying between 0.34 grams and 0.45 grams. The total of the prohibited drugs supplied in the six transactions was 2.28 grams, for a total of just less than $1,500.00. It was conceded by the Crown that the ongoing supply was indicative of a street level dealer in prohibited drugs, and the total amount supplied was less than the trafficable quantity as defined in the Act. However, the Crown submitted that the offender had passed the s 5 threshold and that only a sentence of full time custody could be imposed. 7. The facts in relation to the seven offences pursuant to ss 112(2) and 113(2) of the Crimes Act, were that on Tuesday 6 January 2015, at approximately 3.40am, the offender and an unidentified co-accused forced entry into commercial premises at Wagga Wagga which contained several businesses. The offender and co-offender forced entry through locked glass panel doors and stole money and property from four of the seven businesses. Those were the four charges pursuant to s 112(2). The circumstances of aggravation in each offence was that the offender was in company with another person, who remains unidentified. The total property stolen amounted to less than $600.00 in cash. Also stolen from one of the premises was a safe containing banking records, other business records, together with $800.00 in cash, however, the safe was recovered after it had been abandoned by the offender and his co‑offender, and returned to its owner with the contents intact.