R v Troy Rhodes [2017] NSWDC 125

District Court New South Wales

Medium Neutral Citation: R v Troy Rhodes [2017] NSWDC 125 Hearing dates: 17 May 2017 Decision date: 26 May 2017 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence. For orders see [59]. Catchwords: Two offences of supply prohibited drugs; aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Summary Offences Act 1988 Cases Cited: Close v R (1991) 31 NSWLR 743 JM v R [2014] NSWCCA 297 McIntosh v R [2015] NSWCCA 184 Pearce v R (1998) 194 CLR 610 R v Carter [2003] NSWCCA 243 R v Rae [2013] NSWCCA 9 R v Tuuta [2014] NSWCCA 40 Category: Sentence Parties: Director of Public Prosecutions (Crown) Troy Rhodes (Offender) Representation: Solicitors: L Hanshaw (Crown) D Barron (Offender) File Number(s): 16/15226 Publication restriction: Nil

remarks on sentence 1. The offender was committed for trial on 27 April 2016 from the Wagga Wagga Local Court. A plea of guilty was notified to the Crown by the defence on 17 February 2017 to the following two charges on an Indictment: 1. Count 1 – On 15 January 2016 at Wagga Wagga, in the State of New South Wales, supplied a prohibited drug, namely, methylamphetamine, in an amount of 54.21 grams, pursuant to ss 25(1) and s 29 of the Drug Misuse and Trafficking Act 1985 ("DMTA"). 2. Count 2 – On 15 January 2016 at Wagga Wagga, in the State of New South Wales, supplied a prohibited drug, namely, amphetamine in an amount of 7.78 grams, pursuant to ss 25(1) and s 29 of the DMTA. 1. In addition, there are five related offences set out in a certificate pursuant to s 166 of the Criminal Procedure Act 1986, which are related matters. They are as follows: Sequence 6 – Possess prohibited drug, namely, 0.40 grams of 3, 4-methylenedioxymethylamphetamine ("MDMA"), pursuant to s 10(1) of the DMTA. Sequence 8 – Have custody of a laser pointed in a public place, pursuant to s 11FA(1)(a) of the Summary Offences Act 1988. Sequence 9 – Deal with property suspected proceeds of crime, namely, $16,455.00 pursuant to s 193C(1) of the Crimes Act 1900. Sequence 10 – Possess prohibited drug, namely, 3.33 grams of oxymetholone pursuant to s 10(1) of the DMTA. Sequence 11 – Possess prohibited drug, namely, 0.62 grams of cocaine, pursuant to s 10(1) of the DMTA.