R v Parker (No 3) [2018] NSWSC 1132

Supreme Court New South Wales

Medium Neutral Citation: R v Parker (No 3) [2018] NSWSC 1132 Hearing dates: 19 July 2018 Date of orders: 19 July 2018 Decision date: 19 July 2018 Before: Adamson J Decision: (1) Order that Mark Patrick Parker be convicted of the offence of supply prohibited drugs, namely heroin, contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW).

(2) Order, pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999 (NSW), that the proceedings be disposed of without imposing any other penalty. Catchwords: SENTENCING — Relevant factors on sentence —Availability of disposal without imposition of any other penalty where significant period spent on remand

SENTENCING – Relevance of jurisdictional maximum penalty in Local Court where index offence only dealt with on indictment because of associated strictly indictable offence of manslaughter Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) ss 9, 10A, 12, 24 Drug Misuse and Trafficking Act 1985 (NSW) ss 25, 32 Cases Cited: Veen (No 2) v The Queen (1988) 164 CLR 465; [1988] HCA 14 Category: Sentence Parties: Regina (Crown) Mark Patrick Parker (Offender) Representation: Counsel: C M Everson (Crown) E Ozen (Offender)

Solicitors: Director of Public Prosecutions NSW (Crown) Legal Aid NSW (Offender) File Number(s): 2017/116828 Publication restriction: None

Judgment: EX TEMPORE

Introduction 1. Mr Parker stands to be sentenced for an offence of supply a prohibited drug, namely heroin, contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW) (the supply offence). 2. The supply offence was committed on 23 June 2016 when Mr Parker supplied heroin to Allan McBride. After having being supplied with the heroin, Mr McBride used the heroin intravenously and became unconscious. On 26 June 2016 he was pronounced dead of an overdose. This led, as set out below, to Mr Parker being charged with manslaughter. The Crown case was based on manslaughter by unlawful and dangerous act, the unlawful and dangerous act being the alleged injecting of Mr McBride by Mr Parker. Mr Parker was also found to be in possession of a prohibited drug (heroin) and also various goods. These matters led to his being charged with possession, goods in custody, supply and manslaughter. He pleaded guilty to all charges except the manslaughter charge.