R v Mulligan [2019] NSWDC 325

District Court New South Wales

Medium Neutral Citation: R v Mulligan [2019] NSWDC 325 Hearing dates: 2 May 2019; 27 June 2019 Date of orders: 27 June 2019 Decision date: 27 June 2019 Jurisdiction: Criminal Before: Weinstein SC DCJ Decision: The offender is convicted of the charge of knowingly take part in the supply of 28.21 grams of cocaine, contrary to section 25(1) of the DMTA.

I make a Community Correction Order relating to Mr Mulligan.

The order is to date from 27 June 2019 and last for 18 months, expiring on 26 December 2020.

I dismiss the charges on the section 166 Certificate.

The following conditions apply:

(1) The offender must not commit any further or other offence;

(2) The offender must appear before the Court if he is called upon;

(3) The offender is to arrange for a Mental Health Care Plan with his general practitioner so that he can attend a psychologist for 10 sessions of therapy offered under the Better Access to Health Initiative funded by Medicare; and

(4) The offender is to undertake community service work of 150 hours, and he should report to the Burwood Community Corrections Office within seven days of the date of these orders, and no later than 4 July 2019. Catchwords: SENTENCING - knowingly take part in the supply of drugs – cocaine – Community Correction Order Legislation Cited: Drug Misuse and Trafficking Act 1985, s25 Crimes (Sentencing Procedure) Act 1999, s5, s3A Cases Cited: Carter v R [2018] NSWCCA 138 Green v R; Quinn v R (2011) 244 CLR 462 Muldrock v The Queen (2011) 244 CLR 120 R v Millwood [2012] NSWCCA 2 Veen v The Queen (No 2) Category: Sentence Parties: Regina v Mulligan Representation: Counsel: Mr S Buchen SC (Mulligan)