R v Daniel Lico [2017] NSWDC 133

District Court New South Wales

Medium Neutral Citation: R v Daniel Lico [2017] NSWDC 133 Hearing dates: 15 May 2017 Decision date: 01 June 2017 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence. For orders see [75] Catchwords: Substantial drug trafficking offences; exceptional circumstances not made out Legislation Cited: Confiscation of Proceeds of Crimes Act 1999 Criminal Procedure Act 1986 Drugs (Misuse and Trafficking) Act 1985 Cases Cited: JM v R [2014] NSWCCA 297 McIntosh v R [2015] NSWCCA 184 Pearce v R (1998) 194 CLR 610 R v Cacciola (1998) 104 ACrimR 178 R v Cahyadi [2007] NSWCCA 1; 168 ACrimR 41 R v Ejefekaire [2016] NSWCCA 308 R v Harmouche (2005) 158 A Crim R 357 R v Price [2016] NSWCCA 50 R v Rae [2013] NSWCCA 9 R v Van Ryn [2016] NSWCCA 1 R v Wong [1999] NSWCCA 420 Category: Sentence Parties: Director of Public Prosecutions (Crown) Daniel Lico (Offender) Representation: Counsel: L Hanshaw (Crown) M Dennis (Offender)

Solicitors: File Number(s): 16/24293816/248915 Publication restriction: Nil

remarks on sentence 1. The offender entered a plea of guilty and was committed for sentence from the Griffith Local Court on 18 January 2017 in respect of the following three charges on an Indictment: 1. Between 31 May 2016 and 16 June 2016 at Griffith, in the State of New South Wales, supplied a prohibited drug, namely, 35.73 grams of 3, 4-methyldioxymethylamphetamine ("MDMA"). The charge was an offence pursuant to s 25(1) of the Drugs (Misuse and Trafficking) Act 1985 ("DMTA"), and carries a maximum penalty of 15 years imprisonment and/or 2,000 penalty units. There is no Standard Non-Parole Period. 2. Between 18 May 2016 and 16 June 2016 at Griffith, in the State of New South Wales, did on three or more separate occasions during a period of 30 consecutive days, supply a prohibited drug other than cannabis, namely, methylamphetamine, with a financial or material reward. The offence is pursuant to s 25A(1) of the DMTA, and carries a maximum penalty of 20 years imprisonment and/or 3,500 penalty units. There is no Standard Non-Parole Period. 3. Between 16 June 2016 and 22 June 2016 at Griffith, in the State of New South Wales, did offer to supply an amount of a prohibited drug, namely, 1,000 tablets of MDMA, being an amount which was not less than the commercial quantity applicable to that prohibited drug. The offence was pursuant to s 25(2) of the DMTA and carries a maximum penalty of 20 years imprisonment and/or 3,500 penalty units, and a Standard Non-Parole Period of 10 years. 1. The offender has also asked that two matters be dealt with on a Form 1. They are as follows: 1. Sequence 1 – Between 11 May 2016 and 31 May 2016 the offender supplied a total amount of 598.2 grams of cannabis. 2. Sequence 2 – On 12 May 2016 the offender supplied 0.92 grams of methylamphetamine. 1. The offender has admitted his guilt in respect of both of those matters. 2. There are also related offences set out in a Certificate pursuant to s 166 of the Criminal Procedure Act 1986. The related offences are set out in Court Attendance Notices marked H 62680179 as follows: Sequences 2, 4 and 6 – possess prohibited drug Sequence 7 – goods in custody 1. The goods in custody charge relates to cash in the sum of $3,200 located in premises occupied by the offender at the time of his arrest. The Crown has sought an order that that money be forfeited to the State pursuant to s 18(1) of the Confiscation of Proceeds of Crimes Act 1999, together with a drug proceeds order pursuant to s 29(1) of that Act. There is no objection by the offender to orders being made in terms of a Short Minute of Order filed by leave at the sentence hearing.