R v Thompson [2019] NSWDC 19

District Court New South Wales

Medium Neutral Citation: R v Thompson [2019] NSWDC 19 Hearing dates: 12 February 2019 Decision date: 14 February 2019 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Three year Intensive Correction Order. For orders see [75] Catchwords: Deemed supply of prohibited drugs Legislation Cited: Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Cases Cited: Bugmy v R (2013) 249 CLR 571 Kennedy v R [2010] NSWCCA 260 Parente v R [2017] NSWCCA 284 R v Fernando (1992) 76 A CrimR 58 R v Pullen [2018] NSWCCA 264 R v Van Ryn [2016] NSWCCA 1 Veen v R (No 2) (1988) 164 CLR 465 Category: Sentence Parties: Regina (Crown) Craig Thompson (aka Craig Varty) (Offender) Representation: Ms L Burgoyne, Solicitor, ODPP (Crown) Mr H White, Counsel instructed by Mr E Renard of Legal Aid (Offender) File Number(s): 2017/270753 Publication restriction: Nil

Remarks on Sentence 1. The offender, who was born in 1980, is to be sentenced in respect of three offences: 1. Sequence 1 - Supply prohibited drug (103.27g methylamphetamine). 2. Sequence 7 - Supply prohibited drug (81.85g MDMA). 3. Sequence 14 - Supply prohibited drug (9.95g MDA). 1. Each of the charges is brought pursuant to s.25(1) of the Drug Misuse and Trafficking Act 1985 ("DMTA"). The maximum penalty for each offence is 15 years imprisonment and/or a fine of 2,000 penalty units. There is no Standard Non-Parole Period proscribed. 2. The offender has asked that in respect of the offence in sequence 7, supply prohibited drug (81.85 grams MDMA) that the following matters be taken into account on a Form 1 namely: 1. Sequence 2 - Goods in personal custody, being $2,174.50 cash. This offence is pursuant to s.527C(1)(a) of the Crimes Act. The maximum penalty is six months imprisonment and/or a fine of 5 penalty units. 2. Sequence 5 - Resist officer in execution of duty. This offence is pursuant to s.58 Crimes Act and the maximum penalty is five years at law (two years summary jurisdiction) and/or a fine of 50 penalty units. 3. Sequence 8 - Possess prohibited drug, namely 40.1 g of cannabis. The offence is pursuant to s.10(1) of the DMTA and has a maximum penalty of two years imprisonment and/or 20 penalty units 4. Sequence 9 - Possess tablet press of drug encapsulator. The offence is pursuant to s.11B(1) of the DMTA. The maximum penalty is two years imprisonment and/or 20 penalty units. 5. Sequence 10 - Goods in personal custody being $5,350 cash. The offence is pursuant to s.527C(1)(a) of the Crimes Act. The maximum penalty is six months imprisonment and/or a fine of five penalty units. 1. The following backup offences have been set out in a Certificate Pursuant to Section 166 of the Criminal Procedure Act 1986:- 1. Sequence 2 goods in personal custody suspected of being stolen. 2. Sequence 3 carry cutting weapon upon apprehension 3. Sequence 4 assault officer in execution of duty 4. Sequence 5 resist officer in execution of duty. 5. Sequence 8 possess prohibited drug 6. Sequence 9 possess tablet press or drug incapsulator. 7. Sequence 10 goods in personal custody suspected of being stolen. 8. Sequence 11 possess or use prohibited weapon without permit. 9. Of those offences, sequences 2, 5, 8. 9 and 10 are already subject of the Form 1 as outlined above. 1. The offences occurred on 6 September 2017 and the offender was arrested on that day. He was in custody between 6 September 2017 and 18 January 2018, when he was released on Supreme Court bail, and served that time in respect of two matters, namely:- 1. 6 September 2017 to 18 January 2018 for drive whilst disqualified (second offence). 2. Balance of parole between 6 September 2017 and 22 October 2017 in relation to supply prohibited drug greater than indictable quantity (not cannabis). 1. The present offences were not committed during the parole period and were not a reason for revocation of his parole. The offences were committed whilst the offender was subject to a bail undertaking on a possess prohibited drug charge.