R v Louis Foster [2017] NSWDC 120

District Court New South Wales

Medium Neutral Citation: R v Louis Foster [2017] NSWDC 120 Hearing dates: 18 May 2017 Decision date: 24 May 2017 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence. For orders see [85] Catchwords: Supply prohibited drugs, two offences; take part in supply of prohibited drugs Legislation Cited: Crime (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: BP v R [2010] NSWCCA 159 Bugmy v R [2013] HCA 37 DPP (Cth) v De La Rosa [2010] NSWCCA 194 EF v R [2015] NSWCCA 36 Hoskins v R [2016] NSWCCA 157 Kennedy v R [2010] NSWCCA 260 Mill v R (1988) 166 CLR 59 R v Fernando (1992) 76 A Crim R 58 R v Nguyen [2015] NSWCCA 268 Category: Sentence Parties: Director of Public Prosecutions (Crown) Louis Foster (Offender) Representation: Counsel: C Morgan (Crown) C Mendez (Offender) File Number(s): 16/70304 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of three counts as follows: 1. Sequence 1 – Take part in supply of an amount of a prohibited drug, namely, 31.5 kilograms of cannabis, being an amount which is not less than the commercial quantity applicable to that drug, pursuant to s 25(2) of the Drug Misuse and Trafficking Act 1985 ("DMTA"). The maximum penalty for the offence is 15 years imprisonment and/or 3,500 penalty units. 1. Sequence 3 – Take part in supply of a prohibited drug, namely, 28 grams of cocaine, pursuant to s 25(1) of the DMTA. The maximum penalty for the offence is 15 years imprisonment and/or 2,000 penalty units. 1. Sequence 8 – Supply prohibited drug, namely, 6.605 kilograms of cannabis, pursuant to 25(1) of the DMTA. The maximum penalty for the offence is 10 years imprisonment and/or 2,000 penalty units. 1. The offender has asked to be taken into account three matters on a Form 1, each of which occurred between 15 September 2015 and 4 March 2016. They are: 1. Sequence 5 – Agree to supply 8.538 kilograms of cannabis. 2. Sequence 6 – Offer to supply 928 grams of cannabis. 3. Sequence 10 – Agree to supply 4.5 grams of cocaine on four occasions. 1. The offender was arrested on 4 March 2016 and spent one month, two weeks and three days in custody until he was released on bail on 21 April 2016.