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District Court 22 May 2009

R v Garrick Keith FOORD

[2009] NSWDC 256

Drugs
CRIMINAL LAW SENTENCE ONGOING SUPPLY OF PROHIBITED DRUGS

Citation: R v Garrick Keith Foord [2009] NSWDC 256
Court: District Court of New South Wales
Date: 22 May 2009
Judge(s): Berman SC DCJ

Background

The offender, a man aged 52 at the time of sentencing, was charged with ongoing supply of prohibited drugs under section 25A of the Drug Misuse and Trafficking Act 1985. The charge arose from three separate supplies of small quantities of amphetamine to an undercover police officer on 15, 17, and 22 April 2008. The offender's own admissions to the undercover officer confirmed he was also supplying others during the same period.

The offender was not profiting financially from the supply. His purpose was to fund his own drug habit by obtaining drugs at no cost to himself. He had a history of drug use stretching back to his early thirties, a period he connected to the deaths of numerous friends from AIDS, and his most recent relapse followed the death of his mother from cancer in 2007.

Although sentenced on the same day as three co-accused, the court found no meaningful connection between the offender and the others beyond sharing a residential address with one of them. The court sentenced him separately and determined that parity principles had no bearing on his sentence.

  • What sentence was appropriate for an offence of ongoing supply of prohibited drugs, carrying a maximum of 20 years imprisonment with no standard non-parole period?
  • Whether the offender's voluntary cessation of supply before his arrest was a mitigating factor warranting a reduction in sentence.
  • Whether special circumstances existed to justify extending the parole period beyond the statutory default, and whether conditions could be attached to parole release.
  • What discount applied for an early guilty plea entered at the first opportunity.

Decision

The court identified the offending as serious, noting the offender was aware of the legal consequences and deliberately kept his quantities small to reduce his exposure. Despite the modest scale of individual transactions, the court emphasised that those who supply drugs, even solely to support their own habit, warrant significantly lengthy and sometimes harsh sentences to reflect the gravity of the conduct and the need for general deterrence.

A significant mitigating factor was that the offender stopped supplying approximately one month before his arrest, a departure from the more common pattern where supply continues until the moment of arrest. The court accepted the offender's evidence that he ceased of his own volition due to concern about being caught. This distinguishing feature led the court to impose what it acknowledged would likely be regarded as a lenient sentence compared to comparable cases.

The court identified good prospects of rehabilitation, drawing on the offender's history of periods of law-abiding conduct and employment, and the relatively late onset of his criminal history. Special circumstances were found to exist, justifying an extended parole period on the condition that the offender attend a residential drug rehabilitation program at Odyssey House or a similar institution. The early guilty plea attracted a 25 per cent discount from the sentence that would otherwise have been imposed.

Orders Made

  • The offender was sentenced to imprisonment with a non-parole period of 18 months, commencing 22 May 2008 and expiring 21 November 2009.
  • Head sentence of three years was imposed.
  • Release to parole on 21 November 2009 was ordered on the condition that the offender attend a residential rehabilitation program at Odyssey House or a similar institution.
  • Special circumstances were found, enlarging the parole eligibility period accordingly.
  • A 25 per cent discount was applied to the sentence to reflect the early guilty plea.

Key Takeaways

  • Voluntary cessation of offending prior to arrest can constitute a meaningful mitigating factor in drug supply sentencing, particularly where it distinguishes the case from the typical pattern of supply continuing until arrest.
  • Under section 25A of the Drug Misuse and Trafficking Act 1985, an ongoing supply charge encompasses multiple individual acts of supply and carries a maximum of 20 years imprisonment with no standard non-parole period attached.
  • A guilty plea entered at the first opportunity attracted a 25 per cent sentence discount in this matter.
  • Special circumstances justifying an extended parole period were established where the offender demonstrated genuine rehabilitation prospects, supported by a history of sustained law-abiding conduct and the court's view that structured support could consolidate that prospect.
  • The District Court confirmed that supplying drugs purely to fund one's own habit, rather than for commercial gain, does not remove the need for a deterrent sentence, though it remains a relevant contextual factor in determining the appropriate term.

Legislation and Cases Referenced

Legislation:
- Drug Misuse and Trafficking Act 1985 (NSW), s 25A (ongoing supply of prohibited drugs)

Cases:
- No specific cases were cited by name in the judgment text. The court noted that both the prosecution and defence provided sentencing comparisons, but those decisions were not identified in the available text.