R v Wilkinson [2019] NSWDC 288

District Court New South Wales

Medium Neutral Citation: R v Wilkinson [2019] NSWDC 288 Hearing dates: 29 March 2019 Date of orders: 29 March 2019 Decision date: 29 March 2019 Jurisdiction: Criminal Before: Grant DCJ Decision: 1) The offender is to enter into a conditional release order without conviction for two years. 2) The offender must not commit any offence. 3) The offender must appear before the Court if called upon. 4) The offender is to abstain from consuming illicit drugs. In relation to the breach of the s 10 for the drive midrange PCA, the file should be marked that no further action shall be taken in regard to the breach. Catchwords: CRIME — Drug offences — Supply prohibited drug — Knowingly take part in supply SENTENCING — Penalties — Conditional Release Order -— Whether appropriate for 1st time offence — R v Mauger cited Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Cobiac v Liddy (1969) 119 CRL 257 Parente v R [2017] NSWCCA 284 R v Mauger [2012] NSWCCA 51 R v Nguyen [2002] NSWCCA 183 Sabra v R [2015] NSWCCA 38 Walden v Hensler [1987] HCA 54 Yardley v Betts (1979) 1 A Crim R 329 v Moon [2000] NSWCCA 534 Category: Sentence Parties: Regina (Crown) Melinda Wilkinson (Offender) Representation: Counsel: Ms N Walmsley (Crown) Ms Tanagi (Offender) File Number(s): 2017/00281665