R v Garaicoa [2015] NSWDC 404

District Court New South Wales

Medium Neutral Citation: R v Garaicoa [2015] NSWDC 404 Hearing dates: 29 October, 5 November & 4 December 2015 Date of orders: 04 December 2015 Decision date: 04 December 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: 1. The offender is sentenced to an aggregate term of imprisonment of 4 years, 6 months to commence on 11 November 2014 and expiring on 10 May 2019 with a non-parole period of 2 years, 6 months. 2. For the s166 matter of possess a prohibited weapon, the offender is sentenced to a term of imprisonment of 9 months to commence on 11 November 2014 and expiring on 10 August 2015. Catchwords: CRIMINAL LAW – sentence - particular offences – firearms offences – acquire prohibited firearm without a dealer's licence – offering to supply firearm to an unauthorised person – ongoing supply of a prohibited drug for reward – sale of ice or methylamphetamine – offender acted as conduit for drugs and money – assessment of objective seriousness - finding that firearms offences were at the lower end of the range of objective seriousness – degree of accumulation between firearms offences and drug supply offences; CRIMINAL LAW – sentence – Form 1 matters – drug supply offences – sale of ice or methylamphetamine; CRIMINAL LAW – sentence – powerful subjective circumstances – offender aged 24 – mother committed suicide when offender aged 3 – offender left home aged 13 – victim of domestic violence – offender had first child when she was 15 years old – financially destitute – addicted to ice from 14 or 15 years old – engaged in full time study in prison – desire to attend residential rehabilitation – insufficient time in prison to release on parole immediately - finding of special circumstances - other factors – criminal record - early plea – s166 matter of possess prohibited weapon - aggregate sentence of 4 years and 6 months imposed with a non-parole period of 2 years and 6 months Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Firearms Act 1996 (NSW) Weapons Prohibition Act 1998 (NSW) Category: Sentence Parties: Regina (Crown) Stephanie Nicole Garaicoa (Offender) Representation: Solicitors: Mr I Davidson (for Director of Public Prosecutions (NSW)) Mr A Zhou (for Offender) File Number(s): 2014/333122 Publication restriction: A pseudonym has been adopted for the name of the offender's child