R v Dharminder Singh [2019] NSWDC 184

District Court New South Wales

Medium Neutral Citation: R v Dharminder Singh [2019] NSWDC 184 Hearing dates: 8 May 2019 Decision date: 17 May 2019 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial order to be served by way of intensive correctional order. For orders see [57] Catchwords: Two drug supply offences; unique circumstances; not substantial operation of drug supply. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 Drug Misuse and Trafficking Act 1985 Poppy Industry Act 2016 Cases Cited: Berryman v R [2017] NSWCCA 297 JM v R [2014] NSWCCA 297 R v Cahyadi [2007] NSWCCA 1; 168 ACrimR 41 R v El Masri [2005] NSWCCA 167 R v Pullen [2018] NSWCCA 264 R v Van Ryn [2016] NSWCCA 1 Tyler v R (2007) 173 ACrimR 458 Category: Sentence Parties: Director of Public Prosecutions (Crown) Dharminder Singh (Offender) Representation: Counsel: M Burke (Offender)

Solicitors: E Brown (Crown) W Del Din (Offender) File Number(s): 17/367363 Publication restriction: Nil

remarks on sentence 1. The offender is to be sentenced in respect of the following two offences: 1. Sequence 1 – Supply prohibited drug (opium) pursuant to s 25(1) of the Drug Misuse and Trafficking Act 1985. 2. Sequence 2 – Supply prohibited drug (Papaver Somniferum) pursuant to s 25(1) of the Drug Misuse and Trafficking Act 1985. 1. Both offences carry a maximum penalty of 15 years imprisonment and/or 2000 penalty units ($220,000). There is no Standard Non-Parole Period proscribed for the offences. 2. The offender has also asked to be taken into account the following offence: Sequence 3 – Unlawfully transporting alkaloid poppies pursuant to s 6(1)(g) of the Poppy Industry Act 2016. The maximum penalty proscribed for that offence is 12 months imprisonment and/or a $100 fine. 1. The offences took place on 17 November 2017 and there was no dispute that the offender entered an early plea of guilty to the subject offences. He was committed for sentence on 14 November 2018.