CITATION:Edmonds v The Queen [2019] NTCCA 1
PARTIES: EDMONDS, Jarrad Keith
v
THE QUEEN
TITLE OF COURT: COURT OF CRIMINAL APPEAL OF THE NORTHERN TERRITORY
JURISDICTION: CRIMINAL APPEAL from the SUPREME COURT exercising Territory jurisdiction
FILE NO:CA 1 of 2018 (21733520)
DELIVERED: 4 January 2019
HEARING DATES: 30 May and 31 July 2018
JUDGMENT OF: Grant CJ, Blokland and Barr JJ
CATCHWORDS:
CRIMINAL LAW – DRUG OFFENCES – JUDGMENT AND PUNISHMENT
Appeal against sentence – whether sentence manifestly excessive – commercial quantity of Schedule 1 drug – assessment of gravity of offending – inferences that may be drawn from Agreed Facts – extension of time and leave to appeal granted – appeal allowed and applicant resentenced.
Misuse of Drugs Act (NT) s 37(6)
Filippou v The Queen (2015) 89 ALJR 776, House v The King (1936) 55 CLR 499, Lawrence v The Queen (2007) 171 A Crim R 286, Leach v The Queen (2007) 230 CLR 1, Markarian v The Queen (2005) 228 CLR 357, R v McNaughton (2006) 66 NSWLR 566, R v Scott [2005] NSWCCA 152, The Queen v Carey [1998] 4 VR 13, The Queen v Indrikson [2014] NTCCA 10, The Queen v Koumis (2008) 184 A Crim R 421, The Queen v Olbrich (1999) 199 CLR 270, The Queen v Pham (2015) 256 CLR 550, The Queen v Roe [2017] NTCCA 7, Truong v The Queen (2015) 35 NTLR 186; Whitehurst v The Queen [2011] NTCCA 11, Wong v The Queen (2001) 207 CLR 584, referred to.
REPRESENTATION:
Counsel:
Applicant:JCA Tippett QC
Respondent: D Morters SC
Solicitors:
Applicant:Maleys Barristers and Solicitors
Respondent: Office of the Director of Public Prosecutions
Judgment category classification: B
Number of pages: 22
IN THE COURT OF CRIMINAL APPEAL
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWINEdmonds v The Queen [2019] NTCCA 1
No. CA 1 of 2018 (21733520)
BETWEEN:
JARRAD KEITH EDMONDS
Applicant
AND:
THE QUEEN
Respondent
CORAM: GRANT CJ, BLOKLAND and BARR JJ
REASONS FOR JUDGMENT
(Delivered 4 January 2019)
THE COURT:
[1]On 20 October 2017 the applicant pleaded guilty to two offences against the Misuse of Drugs Act (NT) and was sentenced to a total term of 6 years’ imprisonment. Count 1 charged that between 2 April 2017 and 14 July 2017 he supplied a commercial quantity of methamphetamine, which is classified as a Schedule 1 drug under the Misuse of Drugs Act. Count 2 charged that he supplied less than a commercial quantity of cannabis plant material, which is a Schedule 2 drug under the Misuse of Drugs Act.
[2]The sentencing judge adopted a starting point of imprisonment for eight years for the offence involving the methamphetamine, and a starting point of imprisonment for three years for the offence involving the cannabis. It was ordered that the second sentence be served concurrently with the first sentence, and then a discount of 25 per cent was applied to arrive at…
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- AGLC
- Edmonds v The Queen [2019] NTCCA 1
- Case
- [2019] NTCCA 1
- Decision Date
CaseChat Overview and Summary
The Court was required to determine the appropriate assessment of the gravity of the offending, considering the inferences that could be drawn from the agreed facts presented in the case. This involved evaluating the applicant's level of involvement and the circumstances surrounding the possession of the prohibited substance.
The Court allowed the appeal, finding that the original sentence was indeed manifestly excessive. In reaching this conclusion, their Honours applied principles relating to the sentencing of drug offences, particularly concerning the weight to be given to agreed facts and the proper characterisation of the applicant's role in the offending. Consequently, the applicant was granted an extension of time and leave to appeal, and was resentenced by the Court.
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