R (Cth) v Daniel Peter MEAD [2017] NSWDC 1

District Court New South Wales

Medium Neutral Citation: R (Cth) v Daniel Peter MEAD [2017] NSWDC 1 Hearing dates: 15 December 2016 Date of orders: 18 January 2017 Decision date: 18 January 2017 Jurisdiction: Criminal Before: Judge A Haesler SC Decision: 2015/203145 - CAN H585935538 ("CAN B") STATE 001 Manufacture prohibited drug – I indicate a sentence of 1 year 1 month. Taken into account on a Form 1 - 002 Possess tablet press or drug encapsulator 003 Possess prohibited drug – I indicate a sentence of 1 month. Taken into account on a Form 1 - 009 Possess prohibited drug 004 Deal with property suspected proceeds of crime – I indicate a sentence 5 months. 005 Make, possess equipment etc to make false document – I indicate a sentence of 9 months. Taken into account on a Form 1 - 006 Possess equipment etc make id 007 Supply prohibited drug >small & <=indictable quantity – I indicate a sentence of 9 months. 011 Deal with identity info– I indicate a sentence of 1 month. The indicative sentences reflect a finding of special circumstances. Having considered issues of accumulation, concurrency and totality, you are convicted and sentenced to an aggregate fixed term of imprisonment of 1 year 6 months. That term is to commence on 10 July 2015 and expire on 9 January 2017. 2015/4876 CAN H56243252 ("CAN A") - COMMONWEALTH 004 Intentionally import prohibited tier 1 goods w/o approval including on S 16BA schedule x 3 sequences - You are convicted and sentenced to a term of imprisonment of 2 years 3 months, to commence on 10 June 2016 and to expire on 9 September 2018. Taken into account on S 16BA schedule: - 001 Intentionally import prohibited tier 1 goods w/o approval - 002 Intentionally import prohibited tier 1 goods w/o approval - 003 Intentionally import prohibited tier 1 goods w/o approval 005 Intentionally import prohibited tier 1 goods w/o approval - You are convicted and sentenced to a term of imprisonment of 1 year 6 months, to commence on 10 February 2016 and to expire on 9 August 2017. 006 Import border controlled drug, no commercial intent including 1 sequence on S 16BA schedule - You are convicted and sentenced to a term of imprisonment of 3 months, to commence on 10 January 2016 and to expire on 9 April 2016 Taken into account on S 16BA schedule: - 007 Import border controlled drug, no commercial intent 008 Deal with proceeds of crime- You are convicted and sentenced to a term of imprisonment of 1 year 10 months, to commence on 10 May 2017 and to expire on 9 March 2019. 009 Produce false/misleading document to specified person/entity - You are convicted and sentenced to a term of imprisonment of 1 year 1 month, to commence on 10 August 2017 and to expire on 9 September 2018. 010 Use false customer name to receive service - You are convicted and sentenced to a term of imprisonment of 3 months, to commence on 10 May 2017 and to expire on 9 August 2017. Total Commonwealth term of imprisonment is 3 years 2 months. Sentence is to commence on 10 January 2016. I fix a non parole period of 1 year 4 months to expire on 9 May 2017, on which date, subject to s 19AL Crimes Act 1914, you are to be released on parole. Total effective sentence is 3 years 8 months. Total effective non-parole period is 1 year 10 months. Drug destruction order. Short minutes of Order granted pursuant to s 3ZQZB ss4(d) Crimes Act 1914 (Cth), with exception of a STAY on Items 003/004 until 18/3/17, property in Schedule 2 to be forfeited to the Commonwealth. Short minutes of Order granted pursuant to ss 48(2)(d) Proceeds of Crime Act 2002 (Cth), property in Schedule 2 to be forfeited to the Commonwealth. Catchwords: Importation of anabolic steroids; prohibited Tier 1 goods; small business operation; Chinese suppliers; efforts to avoid detection; use of the 'dark net'; Bitcoin transactions and false identities; use of false licences to operate credit card accounts; manufacture and supply of imported products; false driver's licence manufacture; objective seriousness; accumulation and concurrence; structure of State and Federal offences; just punishment and community protection; is drug importation and supply worth the risk. Legislation Cited: Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth) Criminal Code 1995 (Cth) Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Customs Act 1901 (Cth) Customs (Prohibited Imports) Regulations 1956 (Cth) Customs Regulations 1926 (Cth) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Attorney General's Application No. 1: (2002) 56 NSWLR 146 Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115 Blackman and Walters [2001] NSWCCA 121 Bugmy v The Queen [1990] HCA 18; (1990) 169 CLR 525 Dennison v R [2011] NSWCCA 114 Johnson v The Queen [2004] HCA 15; (2004) 78 ALJR 616 R v MAK [2006] NSWCCA 381; (2006) 167 A Crim R 159 Markarian v The Queen (2005) 228 CLR 357 Mill v The Queen (1988) 166 CLR 59 Nahlous [2010] NSWCCA 58 Nguyen v The Queen (2016) 256 CLR 656 Pearce v The Queen (1998) 194 CLR 610 The Queen v Pham [2015] HCA 39 Power v The Queen (1974) 131 CLR 623 Thorn v R [2009] NSWCCA 610 Texts Cited: Wai-Yin Wan, Suzanne Poynton, Gerard van Doorn and Don Weatherburn: httpp://www.bocsar.nsw.gov.au/Documents/parolesupervisionandreoffending.pdf Category: Sentence Parties: Daniel Mead (Offender) Director Public Prosecutions (Cth) Representation: Counsel: Mr P Lange (for the Offender) Ms R Karim, Director Public Prosecutions (Cth)