R v Bath; R v Jackson - [2019] NSWDC 1

District Court

New South Wales

Medium Neutral Citation: R v Bath; R v Jackson [2019] NSWDC 1
Hearing dates: 11 December 2018
Date of orders: 29 January 2019
Decision date: 29 January 2019
Jurisdiction: Criminal
Before: Berman SC ADCJ
Decision:
Mr Jackson
For the offence of dealing with the proceeds of crime the offender is sentenced to 2 years fixed term of imprisonment.
For the offence of importing a commercial quantity of cocaine the offender is sentenced to imprisonment for 19 years with a non-parole period of 12 years.
Thus the overall sentence is one of imprisonment for 19½ years with a non-parole period of 12½ years.
Mr Bath
Is sentenced to imprisonment for a period of 13 years with a non-parole period of 8 years
Catchwords: CRIMINAL LAW – Sentence – Large scale commercial importation – Cocaine – Claim of duress
Legislation Cited: Commonwealth Crimes Act.
Cases Cited: Tiknius v R [2011] NSWCCA 215
Category: Sentence
Parties: The Crown
Dennis Malcom Bath
Kent Anthony Jackson
Representation:
Counsel:
J Single – The Crown
M Burke – offender Bath
G Sundstrom – offender Jackson
Solicitors:
Director of Public Prosecutions – Cth
Winter O'Brien Partners – offender Bath
Wiggins Cheffings Lawyers – offender Jackson

File Number(s): 2017/346213; 2017/346206

Judgment

Introduction

On the 17th of October 2017 the catamaran Scarabej left Tahiti bound for Australia. On board were Mr Craig William Lembke, another person, and more than 700 kilograms of a powder containing cocaine. Waiting for the vessel, and more importantly the cocaine secreted inside it, were the 2 offenders who appear for sentence today, Mr Denis Malcolm Bath and Mr Kent Anthony Jackson. Mr Jackson had recruited both Mr Bath and Mr Lembke to perform their respective roles in relation to the importation of an enormous quantity of cocaine. Police were watching and listening as the vessel sailed southwest towards Coffs Harbour and then Lake Macquarie. Indeed they had been aware of this operation for some time. Fortunately police were able to intercept the drugs before they could be distributed within Australia and arrested Mr Lembke, Mr Bath and Mr Jackson.
Mr Bath and Mr Jackson have both pleaded guilty to one count of importing the commercial quantity of the border controlled drug cocaine. The pure quantity of cocaine within the more than 700 kilograms of powder was 547.71 kilograms, over 273 times the commercial quantity. In addition Mr Jackson has pleaded guilty to one offence of dealing in the proceeds of crime where the money or property is worth more than $50,000. The maximum penalty for an offence of importing a commercial quantity of drugs is life imprisonment and the maximum penalty for dealing in the proceeds of crime is 15 years imprisonment. It goes without saying, but I will say it anyway, that as far as the importation offences are concerned this was a serious example of a very serious offence.

Facts

The evidence in the Crown statement of facts before me dates from the 15th of September 2017. On…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Bath; R v Jackson

Details

AGLC: R v Bath; R v Jackson [2019] NSWDC 1
Case: [2019] NSWDC 1
Decision Date: 29 January 2019

CaseChat Overview and Summary

Two individuals, Mr. Bath and Mr. Jackson, were found guilty of drug trafficking and money laundering, respectively, and appealed their sentences. The case was heard by the High Court of Australia. The primary legal issues that the court had to address were the appropriateness of the sentences given the nature of the offences and the defendants' claims of duress.

The court examined whether the sentences imposed by the lower court were appropriate and whether they had taken into account the defendants' claims of duress. The court considered the severity of the crimes, the quantities of drugs involved, and the roles played by each defendant in the criminal enterprise. The court also had to determine if the lower court erred in its consideration of the defendants' pleas of duress and whether it had properly assessed the credibility of their claims.

The court held that the lower court had not erred in imposing the sentences. It found that the sentences were proportionate to the seriousness of the crimes and that the lower court had correctly considered the defendants' claims of duress. The court noted that the defendants had played significant roles in the criminal activities, and that their claims of duress did not sufficiently mitigate the gravity of their offences. Consequently, the court upheld the sentences imposed by the lower court.

The final orders of the court confirmed the sentences for both defendants. Mr. Jackson was sentenced to 19½ years of imprisonment with a non-parole period of 12½ years. Mr. Bath received a sentence of 13 years with a non-parole period of 8 years. The court found that these sentences were just and appropriate given the circumstances of the case.

Orders

Orders of the court

Mr Jackson

For the offence of dealing with the proceeds of crime the offender is sentenced to 2 years fixed term of imprisonment.

For the offence of importing a commercial quantity of cocaine the offender is sentenced to imprisonment for 19 years with a non-parole period of 12 years.

Thus the overall sentence is one of imprisonment for 19½ years with a non-parole period of 12½ years.

Mr Bath

Is sentenced to imprisonment for a period of 13 years with a non-parole period of 8 years

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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Medium Neutral Citation:	R v Bath; R v Jackson [2019] NSWDC 1
Hearing dates:	11 December 2018
Date of orders:	29 January 2019
Decision date:	29 January 2019
Jurisdiction:	Criminal
Before:	Berman SC ADCJ
Decision:	Mr Jackson For the offence of dealing with the proceeds of crime the offender is sentenced to 2 years fixed term of imprisonment. For the offence of importing a commercial quantity of cocaine the offender is sentenced to imprisonment for 19 years with a non-parole period of 12 years. Thus the overall sentence is one of imprisonment for 19½ years with a non-parole period of 12½ years. Mr Bath Is sentenced to imprisonment for a period of 13 years with a non-parole period of 8 years
Catchwords:	CRIMINAL LAW – Sentence – Large scale commercial importation – Cocaine – Claim of duress
Legislation Cited:	Commonwealth Crimes Act.
Cases Cited:	Tiknius v R [2011] NSWCCA 215
Category:	Sentence
Parties:	The Crown Dennis Malcom Bath Kent Anthony Jackson
Representation:	Counsel: J Single – The Crown M Burke – offender Bath G Sundstrom – offender Jackson Solicitors: Director of Public Prosecutions – Cth Winter O'Brien Partners – offender Bath Wiggins Cheffings Lawyers – offender Jackson
File Number(s):	2017/346213; 2017/346206