R v Anscombe

Case [2021] NSWDC 540


District Court


New South Wales

Medium Neutral Citation: R v Anscombe [2021] NSWDC 540
Hearing dates: 17 December 2020; 20 and 26 August 2021
Date of orders: 7 October 2021
Decision date: 07 October 2021
Jurisdiction:Criminal
Before: Weinstein SC DCJ
Decision:

1 You are sentenced to an aggregate term of imprisonment of 2 years and 22 days.

2 Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999 the term of imprisonment is to be served by way of an Intensive Correction Order in the community.

Catchwords:

SENTENCING – Drug offences – Supply and possess prohibited drug – Mitigating factors – Remorse – Rehabilitation – Subjective considerations on sentence – Drug addiction – Hardship

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Drug Misuse and Trafficking Act 1985

Cases Cited:

Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (No 1) of 2002

Bugmy v The Queen (2013) 249 CLR 571

DPP (Cth) v Maxwell [2013] VSCA 50

DPP v De La Rosa [2010] NSWCCA 194

Fisher v R [2021] NSWCCA 91

Green v R; Quinn v R (2011) 244 CLR 462

Henry v R (1999) 46 NSWLR 346

Karout v R [2019] NSWCCA 253

Kelley v R [2021] NSWCCA 173

Mandranis v R [2021] NSWCCA 97

Markarian v The Queen [2005] HCA 25

Muldrock vThe Queen (2011) 244 CLR 120

Petkos v R [2020] NSWCCA 55

R v Edwards (1996) 90 A Crim R 510

R v Fangaloka [2019] NSWCCA 173

R v Fangaloka,Casella v R [2019] NSWCCA 201

R v Millwood [2012] NSWCCA 2

R v Pullen [2018] NSWCCA 264

Rossall v R [2021] NSWCCA 200

Category:Sentence
Parties: Regina
Felicity Anscombe
Representation:

Counsel:
Ian McLachlan (Defence)

Solicitors:
Omar Juweinat (Aquila lawyers)
Amanda Kerr (ODPP)
File Number(s): 2019/350642
Publication restriction: N/A

Judgment

  1. The offender Felicity Anscombe, born in 1969, is before the court for sentence for supply prohibited drug greater than the commercial quantity, being 1517.74 grams of Gamma Butyrolactone (GBL), contrary to section 25(2) of the Drug Misuse and Trafficking Act 1985, for which the maximum penalty is 20 years imprisonment and for which the standard non-parole period is 10 years imprisonment, and for the offence of Deal with Proceeds of Crime, being $2680, contrary to section 193C(2) of the Crimes Act 1900, for which the maximum penalty is 3 years imprisonment.

  2. There are also two Form 1 matters which the offender asks me to take into account when sentencing her and which attach to the supply prohibited drug charge. These are possess prohibited drug, being 9 grams of cannabis, and possess restricted substance, being 72 tablets of Valium.

  3. The agreed facts are as follows:

  4. In September 2019 there was an investigation into the supply of prohibited drugs in the Illawarra area. During the course of the investigation, it was established that the co-accused Taryn Mandranis was supplying GBL and methylamphetamine, sometimes from his business premises in Fairy Meadow.

  5. The co-accused regularly travelled to the premises…

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Details
AGLC
R v Anscombe [2021] NSWDC 540
Case
[2021] NSWDC 540
Decision Date

CaseChat Overview and Summary

The case of R v Anscombe was heard before the District Court of New South Wales, where the defendant, Anscombe, faced charges related to the supply and possession of a prohibited drug. The dispute involved the appropriate sentence to be imposed on Anscombe, taking into account various mitigating factors, including his remorse, the prospect of rehabilitation, and the subjective considerations relevant to his drug addiction and personal hardships.

The court was required to decide on the appropriate sentence, balancing the severity of the offence against Anscombe's personal circumstances and prospects for rehabilitation. The primary legal issues included the assessment of mitigating factors such as Anscombe's expressed remorse, his drug addiction, and the potential for rehabilitation. The court also had to consider the statutory provisions under the Crimes (Sentencing Procedure) Act 1999 to determine whether an alternative to imprisonment could be applied.

In delivering the judgment, the court acknowledged Anscombe's remorse and the impact of his drug addiction on his actions. It also recognised the potential for rehabilitation and the personal hardships he faced. After weighing these factors against the seriousness of the offence, the court decided that Anscombe should be sentenced to an aggregate term of imprisonment of 2 years and 22 days. However, pursuant to section 7(1) of the Crimes (Sentencing Procedure) Act 1999, the sentence was to be served by way of an Intensive Correction Order in the community.

The final orders of the court included the imposition of an aggregate term of imprisonment of 2 years and 22 days, to be served as an Intensive Correction Order in the community. This decision reflects the court's consideration of both the seriousness of the offence and the mitigating factors presented by Anscombe.

Orders

Orders of the court

1 You are sentenced to an aggregate term of imprisonment of 2 years and 22 days.

2 Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999 the term of imprisonment is to be served by way of an Intensive Correction Order in the community.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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