R v Perry [2018] NSWDC 434

District Court New South Wales

Medium Neutral Citation: R v Perry [2018] NSWDC 434 Hearing dates: 16 & 23 November 2018 Date of orders: 23 November 2018 Decision date: 23 November 2018 Jurisdiction: Criminal Before: Berman SC DCJ Decision: Adjourned under s11 of the Crimes (Sentencing Procedure) Act Catchwords: CRIMINAL LAW – Sentence – Supply methylamphetamine – Deal with proceeds of crime – Possess cannabis Legislation Cited: Crimes (Sentencing Procedure) Act Cases Cited: . Category: Sentence Parties: The Crown William Perry Representation: Solicitors: Director of Public Prosecutions – The Crown File Number(s): 2018/57780

Judgment 1. HIS HONOUR: On Wednesday 21 February 2018 police received a call from a witness who had observed William Perry acting very strangely. It turned out that he was under the influence of drugs, which was at least a contributor to his strange behaviour. 2. When they arrived, they arrested Mr Perry. They of course searched him. The discovered some money and some drugs, in particular 13.98 grams of methylamphetamine. There was also a small quantity of cannabis. 3. Mr Perry pleaded guilty at an early stage to three offences; supplying the methylamphetamine, dealing with property being the proceeds of crime, relating to the cash found in his possession, $1,150, and possessing the cannabis. 4. He appeared before me last week. He was in custody, bail refused. I received evidence concerning Mr Perry's subjective features, in particular the problems that he has had with drugs. 5. I am satisfied that there is a good chance that Mr Perry will be able to deal with his drug problem once he is released, if given incentives to do so. I therefore floated the idea last Friday of releasing Mr Perry on the s 11 remand with very strict bail conditions designed to promote his rehabilitation, as well as of course to protect the community from any further offending by Mr Perry. 6. The matter was therefore adjourned until today so that appropriate bail conditions could be prepared by Mr Cleese, who then appeared for Mr Perry, which I would then consider in determining whether to grant Mr Perry bail, and if so on what conditions. That has been done. 7. I note that the Crown opposes the s 11 remand. It is the Crown's position that a fulltime custodial sentence should be imposed. If Mr Perry does well on his s 11 remand then that outcome is much less likely. If he does badly, then sending him back to gaol is a certainty. 8. Ultimately, I will be better informed on the next occasion as to the appropriate sentence to impose upon Mr Perry, and if it is a fulltime custodial sentence, I will be better informed as to the length of that sentence. 9. For those reasons I grant bail to Mr Perry under s 11 of the Crime (Sentencing Procedure) Act. Those conditions are as set out in a document which I have initialled and dated today's date. 10. For the assistance of the parties, there is an additional condition, number 12: 11. He is to make substantial effort to engage in treatment or counselling programs, and to that end he should attend a general practitioner within a week of release in order to make arrangements for such treatment or counselling programs. 12. The matter is adjourned until 7 March 2019, on which day I will, if there is an application, consider relaxing the conditions of the s 11 remand. In any case, I will see how well Mr Perry is progressing. 13. I will ultimately sentence Mr Perry on 9 May 2019.