R v Fisher [2019] NSWDC 299

District Court New South Wales

Medium Neutral Citation: R v Fisher [2019] NSWDC 299 Hearing dates: 28 June 2019 Decision date: 05 July 2019 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Conditional Release Order without proceeding to conviction; for orders see [59] Catchwords: Supply prohibited drugs; young offender Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Category: Sentence Parties: Director of Public Prosecutions (Crown) Nicholas Daniel Fisher (Offender) Representation: Counsel: C Newlan (Offender)

Solicitors: A Trajkovski (Crown) File Number(s): 18/310412 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is to be sesntenced for an offence of supply prohibited drug, namely 5.68 grams of 3,4 Methylenedioxy-methylamphetamine pursuant to s 25(1) of the Drug Misuse and Trafficking Act 1985 ("DMTA"). The maximum proscribed for the offence is 15 years imprisonment and there is no Standard Non-Parole Period. 2. The offender has asked to be dealt with on a Form 1, one charge of possess prohibited drug, namely, 1.2 grams of cannabis pursuant to s 10(1) of the DMTA. The penalty for that offence is a fine of 20 penalty units or imprisonment for a term of 2 years, or both. The offender admitted his guilt in respect of this charge. 3. The offender was born in February 1999, and the offences occurred on 2 June 2018 when he was 19 years of age.

The sentence hearing 1. The sentence hearing took place on 28 June 2019. The Crown Sentence Summary became Ex A. It contained an Agreed Statement of Facts which may be summarised as follows. 2. At 8.15pm on Saturday 2 June 2018, a motor vehicle driven by a co-offender, Mr Michael Chidgey, was stopped by police for the purpose of a random breath test. The offender was seated in the front passenger seat of the vehicle and police formed a suspicion that there may be cannabis inside the vehicle. The offender told police there was a small amount of cannabis, and retrieved a clear resealable bag from the front passenger seat. The bag contained 1.2 grams of cannabis and the offender was arrested and cautioned for possession of a prohibited drug. That is the offence the subject of the Form 1. 3. Police then conducted a search of the offender and his personal property, during which they located a black coloured satchel in which they located a clear resealable plastic bag containing a quantity of 20 capsules, which subsequent analysis confirmed contained a total of 1.98 grams of 3,4 methlenedioxy-methylamphetamine. The offender was cautioned before being asked about the capsules, before stating, "It's MDMA, I'm taking them to a party". 4. Police informed the offender that the vehicle would be thoroughly searched. The offender told the police that there was a shoebox within the vehicle, "with some stuff in it". A search revealed a white rectangular cardboard shoebox within the foot well area, where the offender had previously been seated, containing the following items: 1. A large quantity of clear capsules; 2. A set of electronic digital scales; 3. A container of "clear eyes"; and 4. A plastic tub which contained a crystal rock-like substance. 1. The crystal substance was analysed as 3.70 grams of methylenedioxy‑methylamphetamine. When asked about the contents of the plastic tub, the offender told police, "it's MDMA, I'm taking it to a party". Police also located a bong within the vehicle with what appeared to be cannabis residue in it. 2. When interviewed by police in relation to this matter, the offender made an admission as to the MDMA and told police that the 20 capsules were to be consumed at a party between friends. He had paid $500 for the drugs. When asked what he planned to do with the contents of the white shoebox, the offender answered "same as I said earlier". The offender told police that about 50 capsules could be constructed with the MDMA located in the plastic box. When asked whether he planned to sell the capsules at a later time, he told police, "No, I got them for this one occasion, being a party". 3. The offender has no criminal antecedents. Exhibit A also contained a certificate pursuant to s 166 of the Criminal Procedure Act 1986 for the same offence of possess prohibited drug, which was the subject of a Form 1.