R v Rede [2018] NSWDC 444

District Court New South Wales

Medium Neutral Citation: R v Rede [2018] NSWDC 444 Hearing dates: 10, 23 May 2018 Date of orders: 14 September 2018 Decision date: 14 September 2018 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: See [56] Catchwords: CRIME – drug supply – intensive corrections order – failure to comply with assessment Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: R v McNaughton (2006) 66 NSWLR 566 Texts Cited: None Category: Sentence Parties: Regina (ODPP) Frank Rede (Offender) Representation: Counsel: Mr B Green (Offender)

Solicitors: ODPP (Crown) McGirr Lawyers (Offender) File Number(s): 2016/274638 Publication restriction: None

REMARKS ON SENTENCE

Introduction 1. The offender appears before the Court today for sentencing, in unfortunate circumstances where, on the last occasion, he was referred for assessment as to his suitability for an ICO. I will come to that in a moment, but the effect of the assessment on its face was that he was deemed unsuitable to serve his sentence in the community by way of intensive corrections order. 2. The charge to which the offender is to be sentenced is that between 31 May 2016 and 9 June 2016, at Redfern, in the state of New South Wales, he did on three or more separate occasions, during a period of 30 consecutive days, supply a prohibited drug, namely methylamphetamine, for financial or material reward, in breach of s25A(1) of the Drug Misuse and Trafficking Act.