R v O’Dwyer [2020] NSWDC 151

District Court New South Wales

Medium Neutral Citation: R v O'Dwyer [2020] NSWDC 151 Hearing dates: 21 February 2020 Decision date: 21 February 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Full time custodial order to be served by way of an intensive correctional order. For orders see [26 ] and [27] Catchwords: SENTENCE- cannabis supply SENTENCE- relevant factors on sentence -courier- multiple transactions- first time in custody- strong pro-social support- used time on remand to advantage- - excellent prospects of rehabilitation - intensive correction order appropriate and in community interest Legislation Cited: Crimes (Sentencing Procedure) Act Cases Cited: Blackman and Walters v R [2001] NSWCCA 121 DPP v De Le Rosa [2010] NSWCCA 194 R v Pullen [2018] NSWCCA 264 R v Shi [2004] NSWCCA 135 Category: Sentence Parties: Connor O'Dwyer (the offender) Director of Public Prosecutions Representation: Solicitors: Mr G Morrison, Morrisons Law, (for the offender) Ms N Olender (for Director of Public Prosecutions) File Number(s): 2019/00177683

SENTENCE – EX TEMPORE REVISED

Introduction 1. The sale of illicit drugs is regarded by our community and those who make laws on behalf of our community as a particularly serious crime. Not for the first time, and I suspect not for the last time, I have to say that anyone, anyone, who thinks they can be treated leniently if they distribute drugs in our community, has to think again. It is a sad but tragic fact that many people, such as the present offender, think only of the money that they may make and do not think about the consequences to themselves if caught. They only start to think about the consequences after the cell door has closed on them. It is only then that they consider the impact of their crimes on themselves, their family and the community. 2. Time and time again, judges on behalf of the community, repeat this warning: If you are tempted to engage in the sale and distribution of illicit drugs and you succumb to that temptation, you will in most cases end up in gaol for a substantial time. The reason judges impose heavy sentences is the attempt to cause people, such as Connor O'Dwyer, to ask themselves if tempted to answer the question, "Will you supply drugs?" with a resounding, "No, it's not worth it."