R v Muniak [2019] NSWDC 894

District Court New South Wales

Medium Neutral Citation: R v Muniak [2019] NSWDC 894 Hearing dates: 9 May 2019; 26 July 2019 Decision date: 29 July 2019 Jurisdiction: Criminal Before: King SC DCJ Decision: Indicative sentences: 2016/33501 Count 1 – 18 months imp Count 2 + Form 1 (Count 3) – 18 months imp 2018/244726 SEQ 19 – 2 years imp SEQ 24 + Form 1 SEQ 3, 5, 10, 16, 17, 26, 37 – 4 years imp – NPP 2 years 6 months imp SEQ 25 + Form 1 SEQ 4, 6, 9, 22, 27, 30, 31, 38 – 3 years 6 months imp SEQ 28 – 1 year imp Aggregate sentence: Special circumstances found – need for a longer period of supervision on parole to assist in addressing his use of prohibited drugs. The offender is sentenced to a total term of imprisonment of 6 years comprising a NPP of 4 years commencing on 24/5/18 and expiring on 23/5/22 and a balance of term of 2 years to commence on 24/5/22 and to expire on 23/5/24. Catchwords: CRIMINAL – Sentence - supply prohibited drug – MDMA, methylamphetamine, gamma‑butyrolactone – extensive delays to sentencing caused by outstanding Local Court matters, possible traversal of pleas, eventual adherence to original pleas, Legal Aid grant – 2 rafts of offending – "off the rails" then "over the cliff" – aggravating features – offences committed while on conditional release - discounts applied - Form 1 matters – aggregate sentence – subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug (Misuse and Trafficking) Act 1985 Cases Cited: Thomson & Houlton (2000) 49 NSWLR 383 Category: Sentence Parties: Regina Paul Muniak Representation: Solicitors: Mr S Jaeger Ms A James Ms J Quinones File Number(s): 2016/33501; 2018/244726