R v Harris [2020] NSWDC 173

District Court New South Wales

Medium Neutral Citation: R v Harris [2020] NSWDC 173 Hearing dates: 13 December 2019; 18 December 2019; 10 February 2020; 11 February 2020 Decision date: 28 February 2020 Jurisdiction: Criminal Before: King SC DCJ Decision: Indicative sentences: 2017/00058994/003 - Count 1 – 18 months - discount=10% 2017/00260527/003 - Count 2 – 10 months -discount=10% 2017/00343326/005 – 4 years with NPP 2 years - discount=20% 2017/00260527/001 – s166 – 3 months Aggregate sentence: Special circumstances found – first time in custody, need for significant period of supervised parole with particular regard to counselling and/or treatment in respect of drug abuse. Sentenced to a term of imprisonment of 4 years and 6 months comprising a NPP of 2 years and 3 months to commence on 14 January 2019 and to expire on 13 April 2021 and a balance of term of 2 years and 3 months commencing on 14 April 2021 and expiring on 13 July 2023. 2016/00359718/001: I direct no action be taken on the breach. 2017/00058994/001 – Duplicate of Count 1 – withdrawn and dismissed I order the destruction of the drugs. Catchwords: CRIMINAL – Sentence – supply prohibited drug - Gamma-butyrolactone – more than commercial quantity - s166 matters – possess prohibited drug – methylamphetamine – aggregate sentence – subjective matters Legislation Cited: Drugs (Misuse and Trafficking) Act 1985 Cases Cited: Frigiani v R (2007) NSWCCA 81 Kurr v R (2006) NSWCCA 218 Category: Sentence Parties: Regina Harris, Jade Tennille Representation: Counsel: Mr N Steel