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District Court 6 March 2026

R v AM

[2026] NSWDC 40

DrugsFirearms & weapons

Citation: [2026] NSWDC 40
Court: District Court of New South Wales
Date: 6 March 2026
Judge(s): Newlinds SC DCJ

Background

The offender, referred to as "AM" to protect his identity, was born on 1 May 2006 and was 17 years old at the time of the offending. He was involved in what is commonly known as a "dial-a-dealer" drug supply operation — a criminal network in which cocaine was delivered to customers who placed orders by phone and paid via bank transfers. AM's role was to operate a particular "run" alongside two other individuals, using his own bank account to receive payments in exchange for drugs supplied.

In addition to the drug supply and proceeds of crime offences, AM was found to be in possession of several firearms — including a pistol and two shortened firearms — which he was apparently "taking care of" on behalf of the criminal syndicate. He was not alleged to have actively used the firearms, and his possession was characterised as reckless rather than intentional. AM was charged with a total of six offences (with additional offences taken into account on a Form 1), including supply of a large commercial quantity of a prohibited drug (which carries a maximum penalty of life imprisonment), dealing with proceeds of crime, participating in a criminal group, and multiple firearms possession offences.

The matter came before the District Court for sentencing. AM had pleaded guilty on 12 September 2025 at Parramatta Children's Court. The court was required to exercise Children's Court jurisdiction for several of the charges and to apply the distinctive sentencing principles applicable to young offenders under the Children (Criminal Proceedings) Act 1987 (NSW).

  • What was the objective seriousness of the offending? In particular, how should the court assess the offender's role within the broader criminal network?
  • What sentencing principles apply when sentencing a child offender for very serious indictable offences? How should the court reconcile the gravity of the offences with the principles of youth justice, including the primacy of rehabilitation?
  • What weight should be given to the offender's subjective circumstances, including his deprived childhood, limited remorse, and guarded prospects of rehabilitation?
  • Was a custodial sentence necessary, or could an alternative such as an Intensive Corrections Order (ICO) appropriately balance community safety and rehabilitation?
  • What discount should apply for the guilty plea?

Decision

Objective Seriousness

Newlinds SC DCJ undertook a careful assessment of AM's actual role in the criminal operation, drawing on the principles from McLean v R [2020] NSWCCA 344 and Paxton v R [2011] NSWCCA 242 that courts should focus on what the offender actually did rather than relying on shorthand labels like "middleman" or "courier." While the broader dial-a-dealer network was sophisticated and well-organised, his Honour found that AM's own conduct was "anything but sophisticated" — indeed, it was better described as "naïve," since it exposed him to easy detection and apprehension. AM's use of his own bank account to receive $33,709 in drug proceeds demonstrated not sophistication but rather his low position in the hierarchy of the criminal operation. His Honour assessed the objective seriousness of the drug supply offence and the proceeds of crime offences as being at the low end. Similarly, the firearms offences were assessed as towards the lower end, with AM's role limited to recklessly "taking care of the bag" rather than any active use.

Sentencing Principles for Young Offenders

The judgment contains an extensive discussion of the principles governing the sentencing of children under section 6 of the Children (Criminal Proceedings) Act 1987. His Honour emphasised that youth is always a significant mitigating factor, that rehabilitation ordinarily takes precedence over punishment and general deterrence when sentencing young people, and that these principles apply with equal force regardless of the seriousness of the offence (R v Hearne [2001] NSWCCA 37). However, the court also noted the qualification from R v Tran [1999] NSWCCA 109 that where young people conduct themselves in ways that adults do, the subordination of punishment to rehabilitation may be tempered. AM was close to 18 at the time of offending, which was a relevant but not determinative factor.

Subjective Circumstances

The court had the benefit of a detailed Youth Justice Background Report (prepared over eight face-to-face consultations) and a forensic psychological assessment. The judgment records that AM suffered abuse and early childhood exposure to domestic violence and abandonment — matters relevant under the Bugmy v The Queen (2013) 249 CLR 571 principles regarding deprived backgrounds. However, his Honour expressed concern about AM's limited remorse and insight into his offending, and characterised his prospects of rehabilitation as "guarded." AM had no prior criminal record, which was taken into account as a mitigating factor under s 21A(3)(f) of the Crimes (Sentencing Procedure) Act 1999.

Sentence Imposed

The court recognised that a custodial sentence was not the only option and that the paramount consideration — community safety — could be addressed through strict conditions. After applying a 25% discount for the guilty plea (pursuant to s 25D(2)(a) of the Crimes (Sentencing Procedure) Act 1999), the court imposed an Intensive Corrections Order with strict conditions. The court also gave credit for time spent on bail conditions characterised as "quasi-custody." His Honour noted that the decision to impose an ICO rather than full-time imprisonment reflected the primacy of rehabilitation for young offenders, but that the strict conditions were essential to protect the community given AM's guarded rehabilitation prospects and limited insight.

Orders Made

  • The offender was sentenced to an Intensive Corrections Order (ICO) with strict conditions (the precise terms and duration are not fully set out in the truncated text available).
  • A 25% discount was applied to the sentence for the guilty plea entered on 12 September 2025.
  • Credit was given for time spent on restrictive bail conditions amounting to quasi-custody.
  • Aggravating factors (organised criminal activity, commission in company, series of criminal acts over a lengthy period) and mitigating factors (youth, no prior record, deprived childhood) were taken into account.
  • The Form 1 offences (possession of ammunition, further proceeds of crime, participation in a criminal group) were taken into account in sentencing for the principal offences.

Note: Because the full text of the judgment was not available, the precise terms, duration, and specific conditions of the ICO could not be confirmed. Practitioners should consult the full judgment for the complete orders.

Key Takeaways

  • The District Court closely examined the offender's actual role within the drug supply network rather than attributing the sophistication of the broader criminal organisation to the individual, assessing him as being at a low level of objective seriousness despite the overall operation being highly organised.

  • Under s 6 of the Children (Criminal Proceedings) Act 1987, rehabilitation ordinarily takes precedence over general deterrence for child offenders, though the Court noted this principle may be qualified where the young person has acted in ways characteristic of adult offending.

  • Guarded rehabilitation prospects and limited remorse did not preclude a non-custodial outcome, with the District Court finding that an Intensive Correction Order with strict conditions was preferable to full-time imprisonment where community safety could be adequately addressed.

  • Restrictive bail conditions were recognised as a form of quasi-custody and taken into account at sentencing, potentially reducing the effective period of the sentence imposed.

  • Section 25 of the CCP Act requires background reports to be tendered and considered before any custodial sentence is imposed on a child, and the Court confirmed that non-compliance with this requirement may render a sentence invalid, consistent with R v Hoang [2003] NSWCCA 237.

Legislation and Cases Referenced

Legislation:
- Bail Act 2013 (NSW), s 20A(2)
- Children (Criminal Proceedings) Act 1987 (NSW), ss 6, 19(2)–(4), 25, 31(5)
- *Crimes Act