R v Lynch [2019] NSWDC 320

District Court New South Wales

Medium Neutral Citation: R v Lynch [2019] NSWDC 320 Hearing dates: 28 June 2019 Decision date: 12 July 2019 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [57]. Catchwords: Supply prohibited drugs; possess prohibited weapon without permit; aggregate sentence Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Weapons Prohibition Act 1998 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 Van Ryn [2016] NSWCCA 1 Category: Sentence Parties: Director of Public Prosecutions (Crown) Justin Lynch (Offender) Representation: Counsel: C Foster

Solicitors: A Trajkovski (Crown) File Number(s): 17/159440 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender was committed for sentence on 22 March 2018 after entering pleas of guilty in the Local Court to the following two offences: 1. Sequence 6 – supply prohibited drug greater than indictable quantity (6.13 grams MDMA) pursuant to s 25(1) of the Drug Misuse and Trafficking Act 1985 ("DMTA"). The maximum penalty is 15 years imprisonment and/or a fine of 2000 penalty units. There is no Standard Non-Parole Period. 1. Sequence 7 – possess or use a prohibited weapon without permit (taser) pursuant to s 7(1) of the Weapons Prohibition Act 1998 ("WPA"). The maximum penalty for this offence is 14 years imprisonment and there is a Standard Non-Parole Period proscribed of 5 years imprisonment. 1. The offender adhered to his pleas of guilty to each offence. In addition, he asked that the following matters be taken into account on a Form 1, attached to sequence 6: Sequence 1 – possess prohibited drug (0.38 grams cocaine) Sequence 2 – possess prohibited drug (0.12 grams ketamine) Sequence 8 – possess prohibited drug (0.52 grams alprazolam) Sequence 9 – deal with property proceeds of crime less than $100,000 ($1,100). The offender admitted his guilt in respect of each of these four offences. 1. A further charge, being sequence 3, (possess prohibited drug 6.13 grams MDMA) was subject of a certificate pursuant to s 166 of the Criminal Procedure Act 1986 and is to be withdrawn following sentence. 2. The offender was arrested on 26 May 2017 and granted bail on the index charges. On 12 January 2019, whilst on bail, he was charged with an unrelated matter of dangerous driving occasioning death. He was bail refused and has been in custody since 12 January 2019. The subsequent charge is listed for charge certification on 30 July 2019.