R v Barden [2015] NSWDC 395

District Court New South Wales

Medium Neutral Citation: R v Barden [2015] NSWDC 395 Hearing dates: 2 December 2015 Date of orders: 02 December 2015 Decision date: 02 December 2015 Jurisdiction: Criminal Before: Neilson DCJ Decision: (1) Offender sentenced to a term of imprisonment of 1 year, suspended pursuant to s12 Crimes (Sentencing Procedure) Act 1989

(2) Good behaviour bond for one year imposed

(3) Charge contained on s 166 certificate dismissed

(4) Pursuant to s 18(1) of Confiscation of Proceeds of Crime Act 1989, cash in the sum of $AUD200 found at Woolooware Railway Station on 1 April 2015 be forfeited to the Crown

(5) Pursuant to s 19(3)(a) of Confiscation of Proceeds of Crime Act 1989 leave for the $AUD200 to be disposed of forthwith

(6) Order drugs to be destroyed. Catchwords: CRIMINAL LAW – Sentence – supply of 8.28 grams of "Nexus" – 4 offences on Form 1: possession of 0.66 grams of Ecstasy, possession of 0.13 grams of cocaine, dealing with property, namely four $50 bills that there were reasonable grounds to believe were the proceeds of crime and public urination – Offender arrested for public urination at train station and found to be in possession of drugs and cash – Offender stated that he obtained the drugs in a laneway near Cronulla Surf Club for a mate to take to a party in Bondi – Offender was in company with about eight of his friends, travelling to Bondi to attend a concert or dance party, inference drawn that the offender purchased the Nexus tablets to pass them on to members of this group to be consumed at the event – Circumstances of offending do not suggest any commercial operation or trafficking – 25 years old at time of offending, history of drug abuse, diagnosed stimulant use disorder – At time of sentence offender abstinent of illicit drugs for three months and well-regarded by his employer – Low risk of recidivism Legislation Cited: Confiscation of Proceeds of Crime Act 1989 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Bardo (unreported, New South Wales Court of Criminal Appeal, Hunt CJ at CL, Sheller JA and Badgery-Parker JJ, 14 July 1992) R v Gip [2006] NSWCCA 115 R v Ozer (unreported, New South Wales Court of Criminal Appeal, Hunt CJ at CL, Allen and Mathews JJ, 9 July 1993) Category: Sentence Parties: Director of Public Prosecutions (NSW) (Crown) Jackson Barden (Offender) Representation: Solicitor for the Director of Public Prosecutions (NSW) (Crown) Mr M Pickin (Offender) File Number(s): 2015/00097473 Publication restriction: No