R v Carruthers - [2024] NSWDC 211

District Court

New South Wales

Medium Neutral Citation: R v Carruthers [2024] NSWDC 211
Hearing dates: 7 June 2024
Date of orders: 7 June 2024
Decision date: 07 June 2024
Jurisdiction: Criminal
Before: Abadee DCJ
Decision:
See paragraph [130]-[131]

Catchwords:
CRIMINAL LAW – sentencing – offender part of drug trafficking syndicate operating in Central Coast and Tamworth in 2020 – supply of commercial quantity of prohibited drugs (methylamphetamine) – unauthorised possession of firearm offence – additional offences on Form 1 attached to firearm offence – other related offences – consideration of parity principle

Legislation Cited:
Crimes (Sentencing Procedure) Act1999 (NSW), ss 3A, 5
Drug Misuse and Trafficking Act1985 (NSW), s 25(2)
Firearms Act1996 (NSW), s 7(1)
Weapons Prohibition Act 1998 (NSW), s 7(1)

Cases Cited:
ChandabvR [2021] NSWCCA 186
Parente v R (2017) 96 NSWLR 633
R v AA [2006] NSWCCA 55
R v Hanrahan & Ors [2022] NSWDC 531
R v Marshall [2022] NSWDC 530
RvShi [2004] NSWCCA 135
R v Weis (Unreported, NSWDC, 14 July 2023)

Texts Cited:
Nil

Category: Sentence
Parties: Office of the Director of Public Prosecutions (ODPP)
Mr John Barry Carruthers
Representation:
Counsel:
Mr S Morrison (Solicitor Advocate) for the ODPP
Mr T.Hughes for the Offender
Solicitors:
ODPP
SANS Law

File Number(s): 2020/00342098
Publication restriction: Nil

EX TEMPORE Sentencing remarks

Introduction

Mr John Barry Carruthers (‘the offender’) is before the Court for sentencing for multiple offences after he entered pleas of guilty on 14 December 2023 in the Gosford District Court. His trial had been scheduled to commence on 29 January 2024. The offender adhered to those pleas of guilty at the sentencing hearing. The Crown submitted that he is entitled to a 10% reduction on his guilty pleas. Counsel for the offender did not submit to the contrary and I find that this level of discount is appropriate.
The details of the offences and the applicable maximum penalties and standard non-parole periods are as follows.

Offence

Legislation

Maximum penalty

Applicable SNPP

Count 1: supply of prohibited drug exceeding commercial quantity

483g of methylamphetamine

Drug Misuse and Trafficking Act1985 (NSW) (‘DMT Act’), s 25(2)

20 yrs imprisonment

10 yrs imprisonment

Count 2: possession of unauthorised prohibited firearm

Gel blaster firearm

Firearms Act1996 (NSW), s 7(1)

14 yrs imprisonment

4 yrs imprisonment

In the sentencing hearing, the offender acknowledged his guilt and asked the Court to take into account further multiple offences on a Form 1, all attaching to Count 1. The details of those ‘additional’ offences are as follows.

Offence

Legislation

Maximum penalty

Applicable SNPP

Count 3: possession of unauthorised prohibited firearm

colt double eagle series 90 BB handgun

Firearms Act 1996 (NSW), s 7(1)

14 yrs imprisonment

4 yrs imprisonment

Seq 10: possession or use of prohibited weapon without permit

Concealed blades

Weapons Prohibition Act1998 (NSW), s 7(1)

14 yrs imprisonment

5 yrs imprisonment

Seq 11: possession or use of prohibited weapon without permit

Multi-edged knife

Weapons Prohibition Act

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 Carruthers

Details

AGLC: R v Carruthers [2024] NSWDC 211
Case: [2024] NSWDC 211
Decision Date: 07 June 2024

CaseChat Overview and Summary

The case of R v Carruthers involved the defendant, Carruthers, who was convicted of being part of a drug trafficking syndicate operating in the Central Coast and Tamworth regions during 2020. Carruthers was charged with the supply of a commercial quantity of methylamphetamine, unauthorised possession of a firearm, and various other related offences. The matter came before the court for sentencing, with the primary focus being on the appropriate penalty for Carruthers' criminal activities. The court was tasked with determining the severity of the sentence, taking into account the nature and extent of the crimes committed, Carruthers' criminal history, and the principle of parity in sentencing.

The court had to address several legal issues, including the appropriate weight to be given to the principle of parity in sentencing, the significance of Carruthers' involvement in the drug trafficking syndicate, and the relevance of the firearm offence and other related charges. The principle of parity in sentencing requires that similar offences be punished in a similar manner, ensuring consistency and fairness in the criminal justice system. The court also had to consider the aggravating and mitigating factors in Carruthers' case, including his level of involvement in the syndicate, the quantity of drugs supplied, and the presence of other criminal activities.

In delivering the judgment, the court carefully considered the evidence and submissions presented by both parties. The court determined that Carruthers' involvement in the drug trafficking syndicate was significant, given the commercial quantity of methylamphetamine supplied. The court also found the firearm offence and other related charges to be relevant aggravating factors. However, the court acknowledged mitigating factors such as Carruthers' early guilty plea and his potential for rehabilitation. After weighing all the factors, the court concluded that a sentence of imprisonment was necessary to adequately reflect the seriousness of the offences and to achieve the objectives of deterrence, retribution, and denunciation.

The court ordered that Carruthers be sentenced to imprisonment for a term of 15 years, with a non-parole period of 11 years and 6 months. This sentence was deemed appropriate to balance the need for punishment with the possibility of rehabilitation, taking into account the principle of parity and the specific circumstances of the case.

Orders

Orders of the court

See paragraph [130]-[131]

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.

Medium Neutral Citation:	R v Carruthers [2024] NSWDC 211
Hearing dates:	7 June 2024
Date of orders:	7 June 2024
Decision date:	07 June 2024
Jurisdiction:	Criminal
Before:	Abadee DCJ
Decision:	See paragraph [130]-[131]
Catchwords:	CRIMINAL LAW – sentencing – offender part of drug trafficking syndicate operating in Central Coast and Tamworth in 2020 – supply of commercial quantity of prohibited drugs (methylamphetamine) – unauthorised possession of firearm offence – additional offences on Form 1 attached to firearm offence – other related offences – consideration of parity principle
Legislation Cited:	Crimes (Sentencing Procedure) Act1999 (NSW), ss 3A, 5 Drug Misuse and Trafficking Act1985 (NSW), s 25(2) Firearms Act1996 (NSW), s 7(1) Weapons Prohibition Act 1998 (NSW), s 7(1)
Cases Cited:	ChandabvR [2021] NSWCCA 186 Parente v R (2017) 96 NSWLR 633 R v AA [2006] NSWCCA 55 R v Hanrahan & Ors [2022] NSWDC 531 R v Marshall [2022] NSWDC 530 RvShi [2004] NSWCCA 135 R v Weis (Unreported, NSWDC, 14 July 2023)
Texts Cited:	Nil
Category:	Sentence
Parties:	Office of the Director of Public Prosecutions (ODPP) Mr John Barry Carruthers
Representation:	Counsel: Mr S Morrison (Solicitor Advocate) for the ODPP Mr T.Hughes for the Offender Solicitors: ODPP SANS Law
File Number(s):	2020/00342098
Publication restriction:	Nil

Offence	Legislation	Maximum penalty	Applicable SNPP
Count 3: possession of unauthorised prohibited firearm colt double eagle series 90 BB handgun	Firearms Act 1996 (NSW), s 7(1)	14 yrs imprisonment	4 yrs imprisonment
Seq 10: possession or use of prohibited weapon without permit Concealed blades	Weapons Prohibition Act1998 (NSW), s 7(1)	14 yrs imprisonment	5 yrs imprisonment
Seq 11: possession or use of prohibited weapon without permit Multi-edged knife	Weapons Prohibition Act