R v Frost [2016] NSWDC 445

District Court New South Wales

Medium Neutral Citation: R v Frost [2016] NSWDC 445 Hearing dates: 7 October 2016 Date of orders: 07 October 2016 Decision date: 07 October 2016 Jurisdiction: Criminal Before: Buscombe DCJ Decision: The offender is sentenced to an aggregate term of imprisonment of 4 years with a non-parole period of 2 years, 6 months. Catchwords: SENTENCING — drug offences — firearms offences — aggregate sentence of imprisonment Legislation Cited: Criminal Procedure Act 1986 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) The Firearms Act 1996 (NSW) Cases Cited: Muldrock v Queen (2011) 244 CLR 120 R v McNaughton (2006) 66 NSWLR 566 Veen (No 2) (1988) 164 CLR 465 Category: Sentence Parties: Director of Public Prosecutions (Crown) Graeme Barry Frost (Offender) Representation: Counsel:

Solicitors: File Number(s): 2015/00363208 Publication restriction: N/A

SENTENCE 1. HIS HONOUR: The Offender pleaded guilty in the Local Court and adhered to his plea in this Court to the following offence: that between 10 September and 25 September 2015 at South Penrith he did on three or more occasions during a period of 30 consecutive days supply a prohibited drug other than cannabis, being methylamphetamine for financial or material reward. That is an offence under section 25A of the Drug Misuse and Trafficking Act 1985 (NSW); it has a maximum penalty of 25 years imprisonment and or a fine of $385,000. 2. He pleaded guilty today to an indictment containing an offence that on 10 December 2015 at Penrith he possessed an unauthorised pistol. That is an offence under section 7 of The Firearms Act 1996 (NSW), and has a maximum penalty of fourteen years imprisonment and a standard non-parole period of four years. That charge was effectively in substitution for a charge to which he entered a plea of guilty in the Local Court, the Crown accepts that he should be treated as having entered his plea at the earliest opportunity in relation to that offence. 3. The offender asked that when sentencing him on the offence under section 25A of the Drug Misuse and Trafficking Act that I take into account the following offences which are on a Form 1. Knowingly take part in the supply of a prohibited drug; this relates to the finding of two resealable plastic bags containing 2.68 grams of methylamphetamine when the police executed a search warrant on his residence on 10 December 2015. There is also an offence of deal with the proceeds of crime; this relates to the police on the same day finding $755 in cash on the computer desk in the offender's premises when searched, $400 of which was from buy money handed over by the undercover officer at some stage that day but during the course of a transaction which is not the subject of a charge as I understand it. There are also three drive whilst disqualified charges on a section 166 certificate under the Criminal Procedure Act 1986 (NSW) to which the offender has acknowledged his guilt. These three offences relate to three occasions when the offender drove to meet with the undercover officer as he was then a disqualified driver. I turn then to the facts.