R v Kramer [2018] NSWDC 491

District Court New South Wales

Medium Neutral Citation: R v Kramer [2018] NSWDC 491 Hearing dates: 19 April 2018 Decision date: 11 May 2018 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Special circumstances found – age (24) first substantial period in custody, need for longer period of parole to reintegrate into the community, need for supervision in respect of drug rehabilitation Form 1 matters taken into account (on Count 1): H60774226/03 & 04 - Possess prohibited drug H61997829/47 - Deal with property suspected proceed of crime Indicative terms: 2016/00185322-011 (H61997829/11/6836379) - 4 years. 2016/00185322-041 (H61997829/41/6812413) - 1 year, 6 months. 2016/00185322-043 (H61997829/43/6791764) - 1 year. 2016/00185322-044 (H61997829/44/6812231) - 1 year. 2016/00185322-046 (H61997829/46/6829906) - 2 years, 6 months. 2016/00185322-050 (H61997829/50/7021436) - 2 years, 6 months. Form 1 has also been taken into account. 2016/00185322-051 (H61997829/51/7018323) - 2 years. ORDERS: SEQ 48, 49 withdrawn and dismissed SEQ 1-6,8,10,12-19,21-24,25, 27,29-39, 42,45 - Back up offences withdrawn and dismissed AGGREGATE SENTENCE: Sentenced to a term of imprisonment for 5 years comprising a NPP of 3 years to commence on 18/6/16 and to expire on 17/6/19 and a balance of term of 2 years commencing on 18 June 2019 and expiring on 17 June 2021. Catchwords: CRIMINAL – sentence – aggregate - multiple offences of supply prohibited drug, more than indictable quantity methylamphetamine – Form 1 matters, deal with property suspected to be proceeds of crime - possess prohibited drug - supply more than indictable but less than commercial quantity of cannabis leaf – possess shortened firearm, not pistol, without authority – supply prohibited drug, 1,4-Butanediol – s166 Certificate matters - police pursuit not stop, drive dangerously - drive motor vehicle during disqualification period, second offence - subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drugs Misuse and Trafficking Act 1985 Firearms Act 1996 Cases Cited: Bugmy v The Queen [2013] HCA 37 Fernando v R (1992) 76 A Crim R 58 Category: Sentence Parties: Regina Benjamin Kramer Representation: Counsel: Defence: Mr T Warr Solicitors: Crown: Mr A Barnes; Mr A Brown Defence: Mr M Cronin File Number(s): 2016/92103; 2016/185322