R v Barber-Battese

[2024] NSWDC 627

District Court

New South Wales

Medium Neutral Citation:

R v Barber-Battese [2024] NSWDC 627

Hearing dates:

12 September 2024

Date of orders:

12 September 2024

Decision date:

12 September 2024

Jurisdiction:

Criminal

Before:

Neilson DCJ

Decision:

See par [66].

Catchwords:

CRIME – SENTENCE – PLEA OF GUILTY

AID IN TRAFFICKING OF MARKETABLE QUANTITY OF CONTROLLED DRUG - 492.7 grams of Cocaine - Criminal Code Act 1995 (Cth) s 302.3(1).

Minor criminal history – Contrition and remorse – Limited involvement in trafficking – Low range of objective seriousness – Strong subjective case.

Legislation Cited:

Crimes Act 1914 (Cth), ss 17A, 20AB, 16A.

Crimes Regulations 1990, r 6.

Crimes (Sentencing Procedure) Act 1999, ss 10, 3A, 66.

Criminal Code Act, s 302.3(1).

Cases Cited:

Chan v R [2023] NSWCCA 206

RvCampbell [2024] NSWDC 413, [44]-[45], [93].

Texts Cited:

Nil.

Category:

Sentence

Parties:

Crown – R (NSW)
Offender – Josef Barber-Battese

Representation:

Counsel:
Crown – Ms Vella, F.
Offender – Mr Edwards, T. SC.

Solicitors:
Crown – Office of the Director of Public Prosecutions (NSW)
Offender – Krayem & Co Lawyers

File Number(s):

2023/00254411

Publication restriction:

Nil.

Judgment

1. HIS HONOUR: Josef Barber‑Battese stands for sentence as a consequence of pleading guilty to a charge that between 8 September 2022 and 16 September 2022 at St Peters in the State of New South Wales and in the suburbs of Brisbane in the State of Queensland did aid in the trafficking of a substance which was a controlled drug, namely, cocaine, and the quantity trafficked being a marketable quantity, namely, 492.7 grams.

2. That is an offence contrary to s 302.3(1) of the Criminal Code Act of the Commonwealth of Australia. The maximum penalty for this offence is imprisonment for 25 years and or a fine of 5,000 penalty units. There is no standard non-parole period.

3. The Crown filed an indictment on or about 28 June 2024 and the offender was arraigned on it today and pleaded guilty to the charge on that arraignment. However, it is common ground that the offender pleaded guilty to the charge in the Local Court, as I understand it, at the earliest available opportunity. He is therefore entitled to an appropriate discount for the utilitarian value of his early plea of guilty.

Facts

4. There are a set of agreed facts between the parties. They comprise some nineteen paragraphs over five pages.

5. In 2022 the New South Wales Police commenced an investigation into the importation and trafficking of prohibited drugs by a number of individuals. They were investigating a syndicate which was importing and distributing throughout Australia many kilograms of cocaine and methamphetamine. The syndicate was dealing with millions of dollars.

6. As a result of investigation between September and November 2022, charges were laid against a number of people. They included:

1. Watcharaphong Aphichotnithithon to whom I shall refer, if necessary, as WA;

2. Tung Huu Bui, to whom I shall refer as Bui;

3. Mr Joseph Campbell, to whom I shall refer as Campbell; and

4. Sutthichai Torthitithan,…