R v Bagguley

Case [2015] SADC 137


DISTRICT COURT OF SOUTH AUSTRALIA

(Criminal)

R v BAGGULEY

[2015] SADC 137

Reasons for Sentence of His Honour Judge Muscat

14 October 2015

CRIMINAL LAW

Sentence for two counts of trafficking in a large commercial quantity of cannabis - interstate truck driver - serious and organised crime offence - meaning of "exceptional circumstances" and whether established pursuant to s 38(2ba) of the Criminal Law Sentencing Act 1988.

"Exceptional circumstances" not established - sentence not suspended.

Criminal Law (Sentencing) Act 1988 ss 38(2b), (2ba), referred to.
R v Slaven [2014] SASCFC 108; R v Dolovac [2014] SASCFC 86; R v Mustac (2013) 115 SASR 461; R v Hunt & Yates [2012] SASCFC 74; R v Mema [2011] SASCFC 56; R v Famiglietti (2005) 243 LSJS 199; R v Stamos & Others [2004] SASC 132; R v Barilla & Others [2002] SASC 106; R v Fowler (2006) 243 LSJS 285; R v Mangelsdorf (1995) 66 SASR 60; R v Gjoka Unreported Court of Criminal Appeal Judgment No. S6211 delivered 1 July 1997; R v Kelly [2000] 1 QB 198; Yacoub v Pilkington (Australia) Ltd [2007] NSWCA 290; R v Mac [2012] VSCA 19; R v Ioannou (2007) 17 VR 563; R v Tootell [2012] QCA 273; R v Duncan [2015] NTCCA 2; Griffiths v R (1989) 167 CLR 372; Baker v R (2004) 223 CLR 513; Muldrock v R (2011) 244 CLR 120; R v Wiskich (2000) 207 LSJS 431; R v Wirth (1976) 14 SASR 291; R v Adami (1989) 51 SASR 229; R v Penno (2004) 236 LSJS 457; R v Buckskin [2010] SASC 138; A-G v Tichy (1982) 30 SASR 84; R v Smith [2015] SASCFC 138; R v Spiero (1981) 26 SASR 577; R v Lucky (1974) 12 SASR 136; R v Arnold [2015] SASCFC 23; R v Belczacki (2012) 112 SASR 95; R v C, M [2014] SASCFC 62, considered.

WORDS AND PHRASES CONSIDERED/DEFINED

"exceptional circumstances"

R v BAGGULEY
[2015] SADC 137

Introduction

  1. The defendant has been committed to this court to be sentenced after pleading guilty at his committal hearing to two counts of trafficking in a large commercial quantity of cannabis.[1] Both counts relate to his transportation of large quantities of cannabis from South Australia to Western Australia.

    [1]    A large commercial quantity of cannabis is 2kg or more of pure plant material, including flowering and fruiting tops, leaves, seeds or stalk: Schedule 1 of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014.

  2. At the time of the commission of the offences the defendant was working as an interstate truck driver.

  3. The first count relates to his transportation of 20 lbs (approximately 9 kg) of cannabis from South Australia to Western Australia in early July 2014. The second count occurred about two weeks later, this time involving a shipment of 22 lbs (approximately 10 kg)…

Continue reading R v Bagguley

Sign in free to access the full text

Details
AGLC
R v Bagguley [2015] SADC 137
Case
[2015] SADC 137
Decision Date

CaseChat Overview and Summary

The defendant in this case has been sentenced for two counts of trafficking in a large commercial quantity of cannabis, specifically for transporting large quantities of cannabis from South Australia to Western Australia. The court was tasked with determining the appropriate sentence for these serious and organised crime offences, considering both the defendant's personal circumstances and the need for general deterrence. Additionally, the court had to decide whether exceptional circumstances existed to warrant the suspension of the defendant's prison sentence, as required by the Criminal Law (Sentencing) Act 1988. The defendant, an interstate truck driver, was involved in transporting approximately 9 kg and 10 kg of cannabis on two separate occasions, actions that he undertook for substantial financial gain despite knowing the high risk of imprisonment. The court considered the defendant's psychological state, including severe depression and suicidal ideation, which were exacerbated by personal tragedies. Despite acknowledging the defendant's remorse, good prospects for rehabilitation, and his role in caring for his brother's children, the court found that these factors, while mitigating, did not constitute exceptional circumstances warranting suspension of the prison sentence. The court emphasized the need for strong deterrent sentences for serious drug trafficking offences, reflecting the high penalties prescribed by Parliament. Consequently, the defendant was sentenced to a total of four years and nine months imprisonment, with a non-parole period of two years.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.