R v Matu; R v Assam; R v Abdul; R v Purdie [2017] NSWDC 454

District Court New South Wales

Medium Neutral Citation: R v Matu; R v Assam; R v Abdul; R v Purdie [2017] NSWDC 454 Hearing dates: 4 September 2017 Decision date: 17 November 2017 Jurisdiction: Criminal Before: King SC DCJ Decision: PURDIE: Indicative sentences SEQ 2: 3 years' imprisonment SEQ 3: 3 years' and 6 months imprisonment Aggregate sentence Convicted. Special circumstances found – !st time in custody,age, need for assistance in re drug rehabilitation in the community Sentenced to a term of imprisonment for 4 years and 6 months comprising of a 3 year NPP to commence on 4/9/17 and to expire on 3/9/20, and a balance of term of 1 year and 6 months to commence on 4/9/20 and to expire on 3/3/22. Eligible for release to parole on 3/9/20. I make the consent forfeiture orders sought in the SMO d 17/11/17 and filed in court. MATU: Indicative sentences: Count 1: Imprisonment for 6 years with NPP of 4 years Count 2: Imprisonment for 3 years and 6 months Aggregate sentence: Convicted. Special circumstances found – 1st time in custody, age, mental health issues need for assistance in re drug rehabilitation. Sentenced to a term of imprisonment for 7 years comprising of a NPP of 4 years and 6 months to commence on 26/5/16 and to expire on 25/11/20 and a balance of term of 2 years and 6 months to commence on 26/11/20 and to expire on 25/5/23. SEQ 001-005: Backup charges, withdrawn and dismissed. ASSAM: Indicative sentences: Seq 1: Imprisonment for 5 years with 3 year NPP Seq 3: Imprisonment for 4 years with NPP of 2 years 6 months Seq 4: Imprisonment for 2 years Seq 5: (+F1 Seq 10) Imprisonment for 8 years with 5 years 6 months NPP Seq 9: Imprisonment for 3 years 6 months with 2 years NPP Seq 11: Imprisonment for 3 years Seq 12: Imprisonment for 4 years 6 months Aggregate sentence: Convicted. Special circumstances found – 1st time in custody, need for assistance in re drug rehabilitation in the community. Form 1 matter (SEQ 010) taken into account on sentence imposed. Sentenced to a term of imprisonment for 11 years comprising of a NPP of 8 years to commence on 25/5/16 and to expire on 24/5/24 and a balance of term of 3 years to commence on 25/5/24 and to expire on 24/5/27. Eligible for release to parole on 24/5/24. I make the orders ought in the SMO d 17/11/17 and filed in court. ABDUL: Indicative sentences: 013: Imprisonment for 30 months 015: (+F1 SEQ 22) Imprisonment for 10 years 6 months with NPP of 7 years 6 months 017: Imprisonment for 5 years with 3 year NPP 021: Imprisonment for 6 years with a 4 year NPP 023: Imprisonment for 5 years Aggregate sentence: Convicted. Special circumstances found – 1st time in custody, age, need for assistance with drug rehabilitation in the community. Form 1 taken into account on sentence imposed. Sentenced to a term of imprisonment for 12 years and 6 months with a NPP of 9 years to commence on 25/5/16 and to expire on 24/5/25, and a balance of term of 3 years and 6 months to commence on 25/5/25 and to expire on 24/11/28. Catchwords: CRIMINAL – sentence – 4 co-offenders charged with different offences - supply more than an indictable quantity of prohibited drug (cocaine) – knowingly deal with proceeds of crime - supply commercial quantity of prohibited drug (MDMA) – supply indictable quantity of prohibited drug (cocaine) - supply large commercial quantity of prohibited drug (MDMA) - supply commercial quantity of prohibited drug (MDA) – use of undercover operative by police - roles – parity – subjective matters Legislation Cited: Crimes Act 1900 Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Thomson & Houlton (2000) 49 NSWLR 383 Pearce v R (1998) 194 CLR 610 R v Yaghi [2002] NSWCCA 396 Category: Sentence Parties: Regina Lecx Purdie Lopeti Joshua Matu Lyle Assam Azhar Abdul Representation: Counsel: Purdie: Mr G Beveridge Matu: Mr R Jankowski Assam: Mr I Lloyd QC Abdul: Mr I Lloyd QC