R v Field; R v Sibbritt; R v Tran; R v Ting; R v Yueng [2016] NSWDC 411

District Court New South Wales

Medium Neutral Citation: R v Field; R v Sibbritt; R v Tran; R v Ting; R v Yueng [2016] NSWDC 411 Hearing dates: 8/7/16, 28/7/16, 29/7/16 Date of orders: 15 October 0016 Decision date: 14 October 2016 Jurisdiction: Criminal Before: King SC DCJ Decision: FIELD: AGGREGATE SENTENCE: Special Circumstances found. Convicted in respect of each charge and sentenced to a term of imprisonment for 8 ½ years with a 6 year NPP commencing on 15/10/15 and expiring on 14/10/21. The balance of term of is 2 ½ years to commence on 14/10/21 and to expire on 14/4/24. Eligible for release to parole on 14/10/21. I recommend that parole be supervised by NSW Community Corrections for the balance of term with particular regard to counselling and/or treatment in respect of drug abuse and should include random urinalysis for the balance of term. SIBBRITT: AGGREGATE SENTENCE: Special Circumstances found. Convicted and sentenced to a total term of imprisonment for 7 years with a NPP of 5 years to commence on 1/7/15 and to expire on 30/6/20. The balance of term of 2 years is to commence on 30/6/20 and to expire on 30/6/22. Eligible for release to parole on 30/6/20. I recommend that parole be supervised by NSW Community Corrections with particular regard to counselling and/or treatment in respect of drug abuse. Supervision should include random urinalysis. YEUNG: Form 1 matter taken into account on sentence imposed. Convicted. Special circumstances found. Sentenced to a term of imprisonment for 5 years and 6 months, comprising of a NPP of 3 years and 9 months to commence on 1/8/16 and to expire on 30/4/20, and a balance of term of 1 year and 9 months to commence on 1/5/20 and to expire on 31/1/22. Eligible for release to parole on 30/4/20. I recommend that parole be supervised by NSW Community Corrections with particular regard to training in respect of future employment and counselling and/or treatment in respect of drug abuse, and should include random urinalysis. TING: Form 1 matter taken into account on sentence imposed. Convicted. Special circumstances found. Sentenced to a term of imprisonment for a total term of 4 years, comprising a NPP of 2 years and 6 months to commence on 1/7/15 and to expire on 31/12/17, and a balance of term of 1 year and 6 months to expire on 30/6/19. To be released to parole on 31/12/17. Parole to be supervised by NSW Community Correction with particular regard to counselling and/or treatment in respect of drug abuse, and should include random urinalysis for the balance of term. TRAN: Convicted. Special circumstances found. Sentenced to a term of imprisonment for 2 years and 6 months, comprising of a NPP of 18 months to commence on 1/7/15 and to expire on 31/12/16, and a balance of term of 1 year to commence on 31/12/16 and to expire on 31/12/17. To be released to parole on 31/12/16.Parole to be supervised by NSW Community Corrections with particular regard to counselling and/or treatment in respect of drug abuse, and I note that such supervision should include random urinalysis for the balance of term. Catchwords: CRIMINAL – Sentence – manufacture prohibited drug large commercial quantity – supply prohibited drug commercial quantity – supply prohibited drug on ongoing basis – methylamphetamine – role - parity Legislation Cited: Crimes Act 1900 Drug Misuse & Trafficking Act 1985 Crimes (Sentencing Procedure) Act Cases Cited: Thomson and Houlton [2000] 49 NSWLR 383 Callahan v R [2006] NSWCCA 5 Category: Sentence Parties: Regina (Crown) Joshua James Field Kristy Sibbritt Cam Tang Simon Tran Kwun Yip Ting Gilbert Wai Kit Yeung Representation: Counsel: Crown: Mr M Barr Field: Mr P Rowe Sibbritt: Ms S Hall Ting: Mr R Rajalingam Tran: Mr J Payten, sol Yeung: Mr G Brady SC