R v LESLIE, Michael [2017] NSWDC 381

District Court New South Wales

Medium Neutral Citation: R v LESLIE, Michael [2017] NSWDC 381 Hearing dates: 20 October 2017 Date of orders: 27 October 2017 Decision date: 27 October 2017 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Full-time custodial sentence. For orders see [54] Catchwords: CRIMINAL – SENTENCE – supply prohibited drug – 70.73 grams of methylamphetamine – subject to two good behaviour bonds from the Adelaide Magistrate's Court at the time of the offence – three offenders involved in transporting the prohibited drugs from Adelaide and apprehended in Broken Hill – role of the offender – obtained the drugs from someone else – drove the car from Adelaide and booked the accommodation in Broken Hill in his name – no evidence of what profit the offender stood to gain – diagnosed with ADHD as a child – user of prohibited drugs – character of offence was no consistent with a "user dealer" situation – 'special circumstances' found – the offender has never previously been in custody Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Robertson v R [2017] NSWCCA 205 R v Gu [2006] NSWCCA 104 R v Gip (2006) 161 A Crim R 173 R v Fayd'herbe [2007] NSWCCA 20 R v Carrion (2000) 49 NSWLR 149 R v Clark (NSWCCA, 15 March 1990, unreported) R v Bardo (NSWCCA, 14 July 1992, unreported) R v Ozer (NSWCCA, 9 November 1993, unreported) Category: Sentence Parties: Regina (Crown) Michael Leslie (Offender) Representation: Counsel: Mr. Bullard (Counsel) Mr. Watts (Counsel) File Number(s): 2016/000242083 Publication restriction: Nil