R v Moore [2018] NSWDC 365

District Court New South Wales

Medium Neutral Citation: R v Moore [2018] NSWDC 365 Hearing dates: 25 October 2018 Date of orders: 25 October 2018 Decision date: 25 October 2018 Jurisdiction: Criminal Before: Berman SC DCJ Decision: The offence of possess prohibited drug is dealt with under s10A, convicted with no further penalty. For the offences of supply prohibited drugs and deal with the proceeds of crime the offender is sentenced to an aggregate term of imprisonment consisting of a head sentence of 4 years with a non-parole period of 2 years. Catchwords: CRIMINAL LAW – Sentence – Drug supply – Methylamphetamine – Dealing with property suspected to be proceeds of crime – Possess cocaine – User/ dealer Legislation Cited: Crimes (Sentencing Procedure) Act Cases Cited: . Category: Sentence Parties: The Crown Ricky Glen Moore Representation: Solicitors: Director of Public Prosecutions – The Crown Legal Aid Commission – The offender File Number(s): 2017/99032

Judgment 1. HIS HONOUR: At the age of 63 Mr Moore appears for sentence on three drug related matters, supplying a quantity of methylamphetamine, dealing with property suspected to be the proceeds of crime, and possessing cocaine. 2. Mr Moore is a user/dealer, or at least was when he was arrested, having been introduced to the drug heroin some 40 years ago by his then partner. 3. As is often the case, Mr Moore drew attention to himself in a way which caused the police to investigate him. He was staying in a motel in Engadine. There was some dispute between him and the proprietor of the motel which caused the police to be called. When they attended they spoke to Mr Moore and the woman he was with. They formed the suspicion that he might have recently used drugs, and when he got in his vehicle to drive away they first breath tested him, which proved to be negative, and then they asked him whether he had any drugs in his possession. Mr Moore effectively came clean with police at this stage saying, "Fuck I'm fucked. I'm really sorry I'm fucked. I have $20,000 in the car and there are some drugs." 4. Mr Moore's summary of his position was entirely accurate. Police did find two quantities of money totalling $20,000 as well as a further quantity of about $600 and they also found some drugs. There was a quantity of methylamphetamine which was about 11.25 grams. Mr Moore admits by his plea of guilty that he had that drug in his possession for the purposes of supplying it. He also had a small quantity of cocaine, about half a gram, which he had in his possession. He also admits his guilt to that offence and as far as the money is concerned he admits that that was in his possession, it being suspected to be the proceeds of crime. 5. He was taken back to the police station, refused bail, and has been in custody ever since. He was arrested on 1 April 2017 and so any sentence of imprisonment I impose upon Mr Moore will date from then. 6. Consistent with what Mr Moore told police upon his arrest, he pleaded guilty at the earliest opportunity. The sentences I will impose upon Mr Moore are thus about 25% less than they would otherwise have been. 7. He has a reasonably lengthy criminal history involving on many occasions custodial sentences for drug supply. His offending began long ago in the Children's Court. There needs to be a substantial component of personal deterrence built into the sentence I will impose upon him given his criminal history, as well as the more usual need for a sentence reflecting general deterrence in order to deter others who might be tempted to fund their own drug habit, as Mr Moore apparently was, through drug supply. 8. Mr Moore's upbringing has been punctuated by many examples of rejection and loss from family members. He, despite having a number of children and ex‑partners, has really only got one family member with whom he remains in contact, that is his son, who lives in Hobart. He plans to live with his son upon his release from custody. His son is not well but has apparently agreed to have his father living with him once he is released from gaol. 9. Mr Moore is not a well man either. He has a number of medical issues which has made his time in custody and any further time in custody harder than it would otherwise have been. 10. He claims to be drug free at present in gaol. One of the motivating factors concerns hepatitis C. He has had that in the past and although he appears to be in remission he is concerned that further drug use might lead to his hepatitis C returning. It has to be said that the prospects of him relapsing are such that Ms Johnson, who appears for him today, said that his prospects are "guarded" as to the likelihood that he would relapse upon his release from custody. I agree with that assessment. 11. In order to encourage Mr Moore and provide him with as much assistance as can be provided I will make a finding of special circumstances in his favour. This is despite the argument from the Crown that Mr Moore has had plenty of opportunities in the past and it may well be thought that making a finding of special circumstances just gives him the opportunity to reoffend earlier rather than later. Mr Moore is getting on in years and must realise that if he is to avoid spending substantial parts of the rest of his life in custody he needs to make the decision that he will give up drug use and to assist him in making that decision an extended period of supervision on parole will be of assistance to him. 12. For the possess cocaine matter I will deal with the matter under s 10A of the Crimes (Sentencing Procedure) Act and that is Mr Moore is convicted with no other punishment. 13. I should mention that that was intended to be on a Form 1 attached to the supply matter but Mr Moore was unable to sign the Form 1 and in order not to delay matters yet again the parties agreed that I should deal with the possess cocaine matter in the way I have done. 14. As far as the two other offences are concerned I will impose an aggregate sentence. Were I not to have done so, for the offence of supplying methylamphetamine I would have sentenced him to imprisonment for three and a half years, and for the offence of dealing with property suspected to be the proceeds of crime I would have imposed a sentence of imprisonment of two years. Instead I impose an aggregate sentence consisting of a heard sentence of four years with a non-parole period of two years to date from 1 April 2017. 15. This means that Mr Moore is entitled to be released on 31 March 2019 and will be on parole for the remainder of his sentence upon release.