R v Doan, R v Wensor [2019] NSWDC 399

District Court New South Wales

Medium Neutral Citation: R v Doan, R v Wensor [2019] NSWDC 399 Hearing dates: 21 June 2019 Date of orders: 21 June 2019 Decision date: 21 June 2019 Jurisdiction: Criminal Before: Buscombe DCJ Decision: See paragraphs [39] and [40] Catchwords: CRIME — Drug offences — Manufacture prohibited drug — Large commercial quantity CRIME — Drug offences — Manufacture prohibited drug — Knowingly take part in manufacture CRIME — Drug offences — Supply prohibited drug — Commercial quantity CRIME — Drug offences — Possess prohibited drug SENTENCING — Relevant factors on sentence — Co-offenders SENTENCING — Subjective considerations on sentence — Special circumstances Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Muldrock v R (2011) 244 CLR 120 Category: Sentence Parties: Director of Public Prosecutions (Crown) Keith Peter Douglas Wensor (Mr Wensor) Tony Thanh Trung Doan (Mr Doan) Representation: Counsel: N Keay (Crown) M Valentin (Mr Wensor) D Roff (Mr Doan)

Solicitors: S Knox (Crown) M Cruz (M Cruz and Associates) (Mr Wensor) L Dao (Oxford Lawyers) (Mr Doan) File Number(s): 2017/001334292017/00134535

SENTENCE 1. HIS HONOUR: Mr Doan pleaded guilty shortly prior to trial to one count that between 1 May and 3 May 2017 at Quialigo he manufactured a prohibited drug namely methylamphetamine in an amount not less than the large commercial quantity for that drug. That is an offence under s 24(2) of the Drug Misuse and Trafficking Act. It has a maximum penalty of life imprisonment and an applicable standard non-parole period of 15 years. He also pleaded guilty to an offence that on 3 May 2017 at Gundary he supplied a prohibited drug namely methylamphetamine in an amount of 365.1 grams being an amount not less than the commercial quantity for that drug. That is an offence under s 25(2) of the Drug Misuse and Trafficking Act and has a maximum penalty of 20 years imprisonment. There is an applicable standard non-parole period of 10 years. When sentencing the offender on the supply charge he asks that I take into account on a Form 1 a further offence of supply prohibited drug being methylamphetamine. 2. In relation to the offender Mr Wensor he entered a plea of guilty at the conclusion of the evidence in a trial in relation to a charge that between 1 May 2017 and 3 May 2017 at Quialigo he knowingly took part in the manufacture of a prohibited drug, namely, methylamphetamine in an amount not less than the large commercial quantity applicable to that drug. That is an offence under s 24(2) of the Drug Misuse and Trafficking Act, and has a maximum penalty of life imprisonment and an applicable standard non-parole period of 15 years. There is also on a Section 166 Certificate concerning him an offence of possess prohibited drug.