R v Ryan [2019] NSWDC 877

District Court New South Wales

Medium Neutral Citation: R v Ryan [2019] NSWDC 877 Hearing dates: 13 December 2019 Decision date: 13 December 2019 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of three years with a non parole period of one year six months. See orders [34]- [38] Catchwords: SENTENCE- drug supply- criminal group

SENTENCE- relevant factors on sentence - guilty plea- member of criminal group - parity not a significant issue - subordinate role - first offender - drug addiction –gambling addiction– general deterrence considered - other purposes of sentencing apply here - special circumstances - strong prospects for rehabilitation Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Misuse & Trafficking Act 1985 Cases Cited: Blackman and Walters v R [2001] NSWCCA 121 R v Blair (2005) 152 A Crim R 462 R v Losco [2019] NSWDC 837 R v Shi [2004] NSWCCA 135 Category: Sentence Parties: Peter Ryan (the offender) Director of Public Prosecutions Representation: Counsel: Mr M Powell (for the offender)

Solicitors: Morrisons Law (for the offender) Ms A Bird (for Director of Public Prosecutions) File Number(s): 2019/00008996

SENTENCE – ex tempore revised 1. Earlier today I sentenced Roberto Losco for a series of drug supply matters: R v Losco [2019] NSWDC 837. Peter Ryan was involved with Losco as part of his criminal group. Ryan is now to be sentenced for the crimes he committed while working with and for Losco. 2. Ryan is to be sentenced on the basis of agreed facts. Those facts differ slightly in their focus from those that applied to Losco. Their roles in the commission of these crimes and their antecedents justify a significant difference in penalty. No question of significant parity arises as between them. Although their sentencing proceedings were held together I thought it appropriate to impose the sentences independently and separately. 3. Peter Ryan was born in 1979. Until he came to the notice of police in relation to this matter in October 2018 he had never been before a court before, he had never offended before. He had been able to work and provide for his family. At times he did use illicit drugs. I am aware of statistics that show at least 50% of the population at some stage have used an illicit drug. I do not hold that fact against him. But it is clear that at some stage in 2018 he went from being an occasional user of illicit drugs to a regular user. And, as is sadly often a consequence, he then found himself engaged in quite serious criminality; so serious that it is accepted that only a custodial sentence can be imposed upon him. 4. The agreed facts before the Court are comprehensive and detailed. I read them yesterday and again today. I will not set out all the details - it is late on a Friday and there is a gaol truck waiting.