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District Court 13 September 2018

R v Peter May

[2018] NSWDC 446

Drugs
CRIME SENTENCE PLEA OF GUILTY MULTIPLE ACCOUNTS OF DRUG SUPPLY ADDITIONAL CHARGES ON FORM 1

Citation: R v Peter May [2018] NSWDC 446
Court: District Court of New South Wales
Date: 13 September 2018
Judge(s): Wilson SC DCJ

Background

The offender pleaded guilty to four counts of supplying prohibited drugs under s 25(1) of the Drug Misuse and Trafficking Act 1985. The drugs involved across the charges were methylamphetamine (7.97g), 3,4-MDA (71.33g), 1,4-butanediol (373.4g), and 3,4-MDMA (86.32g). The offending occurred on two separate occasions: 16 August 2015 in Redfern, and 19 December 2016 in Zetland.

On the first occasion, police stopped the offender's vehicle following a traffic infringement and, following a search, located twelve small bags of methylamphetamine. On the second occasion, police observed the offender in Zetland for approximately thirty minutes before searching him and his vehicle, uncovering drugs, cash, and other items.

A significant aggravating feature was that the 2016 offending was committed while the offender was on bail for the 2015 offence. The offender also had additional charges dealt with by way of Form 1, including possession of gamma-butyrolactone (twice), knowingly dealing with proceeds of crime, and supply of N-isopropylbenzylamine.

  • What aggregate sentence was appropriate for four counts of drug supply, having regard to the nature and quantity of the drugs involved?
  • How much discount should be applied for the guilty plea, given it was entered at a relatively late stage of proceedings?
  • What weight should be given to the Form 1 matters, and how should they affect the overall sentence?
  • Whether special circumstances existed to justify reducing the statutory non-parole period ratio below 75%.
  • How the commencement date of the sentence should account for two separate periods of pre-sentence custody.

Decision

The court identified the maximum penalty for each supply offence as 15 years' imprisonment and noted there is no standard non-parole period. The total indicative sentence, before discounts, was assessed at 8 years and 6 months across all matters. Wilson SC DCJ applied varying discount rates to reflect the utilitarian value of the guilty pleas, noting that the plea in relation to the 2015 matter came on the first day of trial and was therefore late, warranting a lesser reduction than the earlier pleas in the 2016 matters.

The Form 1 charges were taken into account to increase the penalty otherwise appropriate for the principal offences, with the court giving greater weight to personal deterrence and retribution as the two relevant sentencing elements. The fact that the 2016 offending was committed on bail was treated as a serious aggravating circumstance.

The court found special circumstances warranting a reduction of the non-parole period below the standard 75% ratio, bringing it to approximately two-thirds of the head sentence. This reflected the offender's rehabilitation prospects and the need for an extended period of supervised parole.

On the commencement date, the court backdated the sentence to 15 December 2016, four days before the offender's second arrest date of 19 December 2016, to account for the four days the offender had spent in custody following the 2015 arrest.

Orders Made

  • The offender was convicted of four drug supply offences.
  • An aggregate head sentence of 5 years and 6 months was imposed, commencing 15 December 2016 and expiring 14 June 2022.
  • A non-parole period of 3 years and 8 months was set, commencing 15 December 2016 and expiring 14 August 2020.
  • The sum of $765.00 found on the offender on 19 December 2016 was ordered forfeited to the State under s 18(1) of the Confiscation of Proceeds of Crimes Act 1989.
  • All drugs seized by police in connection with the offences were ordered destroyed.
  • A copy of the psychologist's report was directed to accompany the offender's Warrant of Commitment.

Key Takeaways

  • A guilty plea entered on the first day of trial still attracts some discount for its utilitarian value to the community, though a lesser reduction than would apply to an earlier plea.
  • Under the Form 1 procedure, admitted but uncharged offences increase the penalty for principal offences by amplifying the weight given to personal deterrence and community retribution, not by being sentenced separately.
  • Offending committed while on bail for an existing drug offence is treated as a significant aggravating factor in the sentencing calculus.
  • Special circumstances can justify reducing the non-parole period below the statutory 75% ratio, particularly where an extended period of post-release supervision is considered appropriate to support rehabilitation.
  • Pre-sentence custody across multiple separate arrest periods can be consolidated by backdating the commencement of a sentence, provided the court is satisfied that all relevant time in custody is accounted for.

Legislation and Cases Referenced

Legislation:
- Drug Misuse and Trafficking Act 1985 (NSW), s 25(1)
- Crimes (Sentencing Procedure) Act 1999 (NSW), s 47, s 166
- Confiscation of Proceeds of Crimes Act 1989 (NSW), s 18(1)

Cases:
- R v McNaughton (2006) 66 NSWLR 566
- Veen v The Queen (No 2) (1988) 164 CLR 465