R v Tinker [2019] NSWDC 819

District Court New South Wales

Medium Neutral Citation: R v Tinker [2019] NSWDC 819 Hearing dates: 13 September 2019 Decision date: 27 September 2019 Jurisdiction: Criminal Before: King SC DCJ Decision: Special circumstances found –1st time in custody, need for supervised parole, any required treatment during BT etc. Indicative sentences: Count 1: 6 months' imprisonment Count 2: 1 year imprisonment + NPP of 6 months Count 3: 10 months' imprisonment + NPP 5 months Count 4: 11 months' imprisonment + NPP 4 ½ months Count 5: 18 months' imprisonment Count 6: 7 months' imprisonment Count 7: 5 months' imprisonment Count 8: 10 months' imprisonment Count 10: 1 year 10 months' imprisonment s166 matter: SEQ 5: 3 months' imprisonment Aggregate sentence: Sentenced to a term of imprisonment for 3 years comprising of a NPP of 1 year and 6 months to commence on 20/6/19 and to expire on 19/12/20, and a balance of term of 1 year and 6 months to commence on 20/12/20 and to expire on 19/6/22. Count 9: S10A - convicted. No penalty imposed. SEQ 6: s10A – convicted. No penalty imposed. SEQ 2 & 8 withdrawn and dismissed. Catchwords: CRIMINAL – Sentence – trial by judge alone on 6 counts & guilty pleas to 4 counts –aggregate sentence - supply prohibited drug (cannabis leaf) – supply commercial & large commercial quantities THC – supply cannabis resin – cultivate prohibited plant – possess firearm(double barrelled shotgun) – possess prohibited firearm (paint ball gun) - dealing with proceeds of crime - s166 matters - not keep firearm safely – anomaly re penalties in Firearms Act 1996 as at November 2017 re possess paint ball gun charge and possess shotgun charge - discounts for pleas – organic 'cannabis connoisseur & guru' - substantial drug related enterprise - "Aladdin's cave of prohibited drugs" – high risk of reoffending – subjective matters Legislation Cited: Crimes Act 1900 Drug Misuse and Trafficking Act 1985 Firearms Act 1996 Category: Sentence Parties: Regina Tinker, Simon Representation: Counsel: Mr P Lynch Mr A Wong Solicitors: Mr W Logan Mr I Vizintin File Number(s): 2017/33687