AI-generated summaries. Not legal advice. Always verify against the official judgment on NSW Caselaw.
← All decisions
District Court 25 October 2018

R v Moore

[2018] NSWDC 365

Drugs
CRIMINAL LAW SENTENCE DRUG SUPPLY METHYLAMPHETAMINE POSSESS COCAINE USER/ DEALER

Citation: R v Moore [2018] NSWDC 365
Court: District Court of New South Wales
Date: 25 October 2018
Judge(s): Berman SC DCJ

Background

The offender, a 63-year-old man with a lengthy drug-related criminal history, appeared for sentence on three offences: supplying a quantity of methylamphetamine, dealing with property suspected to be the proceeds of crime, and possessing cocaine. Police were initially called to a motel dispute, formed a suspicion the offender had recently used drugs, and upon questioning he voluntarily disclosed that he had approximately $20,000 in cash and drugs in his vehicle.

Police located two sums totalling $20,000 (as well as a further approximately $600), approximately 11.25 grams of methylamphetamine, and a small quantity of cocaine (approximately half a gram). The offender was described as a user-dealer, funding his own drug habit through supply. He had been in continuous custody since his arrest on 1 April 2017.

The offender pleaded guilty at the earliest opportunity and had no relevant support network beyond one son living in Hobart. He reported being drug-free in custody, partly motivated by concern that further drug use could cause his hepatitis C to return, though his prospects of avoiding relapse were assessed as "guarded."

  • What aggregate custodial term was appropriate given the nature and circumstances of the offending, including the supply of methylamphetamine and dealings with suspected proceeds of crime?
  • What discount should be applied for an early guilty plea?
  • Whether a finding of special circumstances was warranted to extend the parole period beyond the statutory ratio.
  • How the cocaine possession charge should be dealt with, given the offender was unable to sign a Form 1.

Decision

Berman SC DCJ applied a 25% reduction to reflect the offender's early guilty plea. His Honour identified a need for both personal deterrence, given the offender's repeated prior convictions for drug supply including multiple custodial sentences, and general deterrence to discourage others from funding drug habits through supply.

On the question of special circumstances, his Honour acknowledged the Crown's submission that previous opportunities had not produced reform and that a finding of special circumstances might simply allow earlier release and a greater opportunity to reoffend. Despite this, his Honour made the finding, reasoning that an extended parole period would provide the offender, now in his mid-60s, with greater supervision and practical assistance to avoid reoffending in what remained of his life.

For the cocaine possession charge, his Honour dealt with the matter under section 10A of the Crimes (Sentencing Procedure) Act, recording a conviction with no further punishment. This approach was taken because the offender was unable to sign a Form 1 (a document that would have allowed the charge to be taken into account on sentence for the main offence), and the parties agreed to proceed in this manner to avoid further delay.

For the remaining two offences, his Honour imposed an aggregate sentence rather than individual sentences, noting that had they been sentenced separately the supply offence would have attracted three and a half years and the proceeds of crime offence two years.

Orders Made

  • Cocaine possession (s 10A, Crimes (Sentencing Procedure) Act): convicted, no further punishment.
  • Aggregate sentence for supply of methylamphetamine and dealing with property suspected to be proceeds of crime: four years imprisonment, with a non-parole period of two years, commencing 1 April 2017.
  • Eligible for release on parole on 31 March 2019, with parole to continue for the remainder of the four-year term.

Key Takeaways

  • The District Court found that a user-dealer who funds a drug habit through supply requires a sentence reflecting both personal and general deterrence, particularly where the offender has a history of repeated custodial sentences for similar offending.
  • A 25% discount for an early guilty plea was applied consistently with established sentencing principle.
  • Special circumstances can be found even where prior rehabilitation opportunities have been squandered, particularly where the offender's age and circumstances make extended post-release supervision a meaningful rehabilitative tool.
  • Where a defendant cannot sign a Form 1, a charge may instead be dealt with separately under s 10A of the Crimes (Sentencing Procedure) Act, resulting in a conviction with no additional punishment, provided the parties consent to that course.
  • Aggregate sentencing produced a combined non-parole period of two years and a head sentence of four years, a result more favourable to the offender than the sum of the individual sentences would have been.

Legislation and Cases Referenced

Legislation:
- Crimes (Sentencing Procedure) Act 1999 (NSW), s 10A (conviction with no further punishment) and provisions relating to aggregate sentences, special circumstances, and Form 1 procedure

Cases:
- No cases were cited in the judgment text provided.