R v Ayres [2019] NSWDC 193

District Court New South Wales

Medium Neutral Citation: R v Ayres [2019] NSWDC 193 Hearing dates: 17 May 2019 Date of orders: 07 May 2019 Decision date: 07 May 2019 Jurisdiction: Criminal Before: Grant DCJ Decision: Imprisonment for a period of 3 years, commencing 31 May 2018 and expiring 30 May 2021, with a non parole period of 18 months, commencing 31 May 2018 and expiring 30 November 2019. Catchwords: CRIME — Drug offences — Supply prohibited drug SENTENCING — Penalties — Imprisonment Legislation Cited: Crimes (Sentencing Procedure) Act 1999. Crimes Act 1900 Drugs Misuse and Trafficking Act 1985 Cases Cited: Dang v R [2013] NSWCCA 246 R v Day (1998) 100 A Crim R 275 R v Osenkowski (1982) 5 A Crim R 394 R v Pham [2001] NSWCCA 307 Category: Sentence Parties: Regina (Crown) Robert Ayres (Offender) Representation: Counsel: Ms E Brown (Solicitor Advocate, Crown) Mr A Djemal (Offender) File Number(s): 2018/171247; 2018/270145

Judgment

INTRODUCTION 1. Robert Ayres appears for sentence. He has pleaded guilty to 2 counts of supply a prohibited drug contrary to section 25(1) of the Drugs Misuse and Trafficking Act. The first offence (sequence 1) involves 84.08 grams of methylamphetamine and the second offence (sequence3) involves 27.09 grams of methylamphetamine. 2. He has asked the court to take into account 2 matters on a Form 1, namely supply 55.3g of gamma butyrolactone contrary to s25(1) of the Drugs Misuse and Trafficking Act and deal with property proceeds of crime ($4900 cash) contrary to s193C(2) of the Crimes Act. 3. I have taken the Form 1 matters into account in the sentence I will impose on the sequence 1 offence. 4. In relation to the supply matters the statutory maximum penalty is 15 years. There is no standard non-parole period. The maximum penalty on the proceeds of crime on the Form 1 is 3 years. 5. The maximum penalty is an important guidepost in the assessment of sentence. A judge should steer by the maximum penalty but not aim for it. 6. The offender was arrested on 31 May 2018 and has been in custody since that time. The commencement date of sentence will be from 31 May 2018.