R v PASSLOW, Todd Phillip [2016] NSWDC 437

District Court New South Wales

Medium Neutral Citation: R v PASSLOW, Todd Phillip [2016] NSWDC 437 Hearing dates: 17 February 2016 Date of orders: 17 February 2016 Decision date: 17 February 2016 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Term of imprisonment suspended for the entire term. Full details at [29]. Catchwords: CRIMINAL – Sentence – ongoing supply of prohibited drug – methylamphetamine – committed whilst on bail – prisoner supplied rock salt to an undercover police officer in later transactions knowing it was not prohibited drugs – offence was opportunistic and not part of planned or organised criminal activity – full discount for early plea of guilty – offender had an addiction to illicit substances and undertaken treatment for this condition. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Fayd'Herbe v R [2007] NSWCCA 20 Gao v R [2008] NSWCCA 234 Mirza v R [2007] NSWCCA 248 Polley v R [2015] NSWCCA 247 R v Giang [2005] NSWCCA 387 R v Kalpaxis [2001] NSWCCA 119 R v MRN [2006] NSWCCA 155 R v Smiroldo (2000) 112 A Crim R 47 R v Thompson and Houlton [2000] NSWCCA 309 Regina v CBK (2002) 135 A Crim R 260 Regina v Chan [1999] NSWCCA 103 Regina v Zamagias [2002] NSWCCA 17 Veen v The Queen (No 2) (1988) 164 CLR 465 Category: Sentence Parties: Regina Todd Phillip Passlow Representation: Counsel: Mr. Tembe – Director of Public Prosecutions Mr. Barron – Solicitor for the offender File Number(s): 2015/00184780