R v Rispen [2018] NSWDC 403

District Court New South Wales

Medium Neutral Citation: R v Rispen [2018] NSWDC 403 Hearing dates: 01 November 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: (1) The Offender is convicted

(2) Taking into account the pleas of guilty (15%) and the Forms 1 where applicable, the indicative terms of the sentence are: • Sequence 35 – 8 years and 6 months imprisonment with a non-parole period of 5 years and 8 months • Sequence 36 (taking into account the Form 1C matters) – 9 years imprisonment with a non-parole period of 6 years • Sequence 37 – 8 years and 6 months imprisonment with a non-parole period of 5 years and 8 months • Sequence 38 – 8 years and 6 months imprisonment with a non-parole period of 5 years and 8 months • Sequence 39 (taking into account the Form 1A matters) – 10 years imprisonment with a non-parole period of 6 years and 8 months • Sequence 41 (taking into account the Form 1B matters) – 4 years and 6 months imprisonment with a non-parole period of 3 years.

(3) The aggregate sentence will be 15 years to date from 21 May 2017 and to expire on 20 May 2032 with a non-parole period of 10 years to date from 21 May 2017 and to expire on 20 May 2027. The Offender shall be eligible for release at the conclusion of the non-parole period subject to a decision of the State Parole Authority with the Offender's earliest release date being 20 May 2027.

(4) The earliest release date is 20 May 2027 Catchwords: SENTENCING – Supply of large commercial quantity of methylamphetamine contrary to Drug Misuse and Trafficking Act 1985 (NSW) s 25(2) – Multiple Form 1 Offences – Plea of guilty - Offender absconded for more than two years in breach of conditional bail – Utilitarian value of the plea - Question of remorse Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Alvares v R (2011) 209 A Crim R 297 Attorney General's Application under s 37 Crimes (Sentencing Procedure) Act 1999 (No 1) (2002) 56 NSWLR 137 Collier v R [2012] NSWCCA 213 Imbornone v The Queen [2017] NSWCCA 144 Markarian v R (2005) 228 CLR 357 Melikian v R [2008] NSWCCA 156 Mun v R [2015] NSWCCA 234 R v Harris [2001] NSWCCA 322 R v Johnson [2005] NSWCCA 80 R v MacDonnell (2002) 128 A Crim R 44 R v Thomson; R v Houlton (2000) 8 NSWLR 383 R v Trad [2003] NSWCCA 213 Samuel v R [2017] NSWCCA 239 Wat v R [2017] NSWCCA 62 Wu v R [2018] NSWCCA 74 Texts Cited: N/A Category: Sentence Parties: Regina (Crown) Darren Rispen (Offender) Representation: Counsel: