R v Anugerah [2019] NSWDC 748

District Court New South Wales

Medium Neutral Citation: R v Anugerah [2019] NSWDC 748 Hearing dates: 18 October 2019 Date of orders: 18 October 2019 Decision date: 18 October 2019 Jurisdiction: Criminal Before: Neilson DCJ Decision: Sentence: 1yr 8 months imprisonment, 11 months NPP. Catchwords: CRIME. SENTENCE.

Drug Misuse and Trafficking ACT 1985, s 25A(1). Supply prohibited drug on 3 or more occasions during a period of 30 days. Five supplies (one deemed supply) of small quantities of 3, 4 MDMA (ecstasy). Supply to police street level operatives.

PARITY.

Co-offender involved in each of the supplies not charged with this offence, but lesser offences. Co-offender received non-custodial sentence, but had spent 3 months in custody.

At the time of sentence offender had spent 11 months and 2 days in custody. Given offender's circumstances incarceration was onerous.

No prior offending. Good prospects of rehabilitation. Legislation Cited: Crimes (Sentencing Procedure) Act 1999, Drug Misuse and Trafficking Act 1985 Category: Sentence Parties: Regina (Crown) Rorie Anugerah (Offender) Representation: Crown: N. Faraj (Solicitor)

Offender: N. Angelov (Counsel) D. Guede (Solicitor) File Number(s): 2018/00353990 Publication restriction: Nil.

Sentence 1. HIS HONOUR: Rorie Anugerah stands for sentence as a consequence of pleading guilty to a charge that between 11 November 2018 and 17 November 2018 at Darlinghurst in this State that he did on three or more separate occasions during a period of 30 consecutive days supply a prohibited drug other than cannabis, namely 3,4-methylenedioxymethylamphetamine for financial or material reward. That is an offence contrary to s 25A(1) of the Drug Misuse and Trafficking Act 1985. The maximum penalty for that offence is imprisonment for 20 years and/or a fine of $385,000. There is no standard non parole period. 2. At the time that the offender committed that offence he was aged 21. He is currently aged 22 years. The offender has a co-offender known as Asdi Amir. Both the offender and the co-offender are from Makassar in Indonesia. However, they met in Sydney, as I understand it, in 2018.