R v Cardamis [2017] NSWDC 399

District Court New South Wales

Medium Neutral Citation: R v Cardamis [2017] NSWDC 399 Hearing dates: 20 July, 8 September 2017 Date of orders: 08 September 2017 Decision date: 08 September 2017 Jurisdiction: Criminal Before: Neilson DCJ Decision: I sentence you to imprisonment for a term of one year and one month commencing today. I order that the sentence be served by way of intensive correction in the community. Catchwords: CRIME – SENTENCE – Drug supply – 10.39 grams cocaine – On a Form 1 another supply of 0.75 grams cocaine and supply of 4.4 grams of MDMA (ecstasy) – Nil prior offences – Strong subjective case – Whether full time imprisonment required Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: EF v R [2015] NSWCCA 36 R v Clark (NSWCCA, 15 March 1990, unreported) Robertson v R [2017] NSWCCA 205 Category: Sentence Parties: Regina (Crown) Mark Nectarios Cardamis (Offender) Representation: Counsel: Ms A Narayan (Crown) Mr A Parsons (Offender) File Number(s): 2016/265537 Publication restriction: Nil

Judgment 1. HIS HONOUR: Mark Nectarios Cardamis stands for sentence as a consequence of pleading guilty to a charge that on 3 September 2016 at Surry Hills in this State he did supply a prohibited drug namely 10.39 grams of cocaine. That is an offence contrary to section 25(1) of the Drug Misuse and Trafficking Act 1985. That maximum penalty for that offence is 15 years imprisonment and/or a fine of 2,000 penalty units. There is no standard non-parole period. The offender asks me to take into account on a Form 1 two other offences: one of supplying a prohibited drug namely 0.75 grams of cocaine and one of supplying 4.4 grams of the drug 3,4 methylene-dioxi-methylamphetamine commonly known as ecstasy, the amount of ecstasy which the offender had in his possession, which was a trafficable amount, was 3.5 times the indictable amount of that drug.