R v Charlesworth

[2019] NSWDC 88

District Court

New South Wales

Medium Neutral Citation:

R v Charlesworth [2019] NSWDC 88

Hearing dates:

1 August 2019

Date of orders:

1 August 2019

Decision date:

01 August 2019

Jurisdiction:

Criminal

Before:

M L Williams SC DCJ

Decision:

Pursuant to s 8(1) of the Crimes (Sentencing Procedure) Act 1999, the offender is to comply with a community correction orders for a period of 1 year: at [8].

Catchwords:

SENTENCING — Mitigating factors — Plea of guilty

SENTENCING — Relevant factors on sentence — Form 1 offences — Maximum penalty

SENTENCING — Subjective considerations on sentence — Age of offender — Mental illness

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Drug Misuse and Trafficking Act 1985

Firearms Act 1996

Cases Cited:

Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146

Texts Cited:

Nil

Category:

Sentence

Parties:

Regina (Crown)

Jack Charlesworth (Offender)

Representation:

Ms ER Freelander (Crown)

Ms M Kirkiakos (Offender)

File Number(s):

2018/173724

Judgment

1. Jack Charlesworth, who is only 19 years of age, appears for sentence having pleaded guilty to a count of supplying 7.95 grams of dexamphetamine contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985, which carries the maximum penalty of 15 years imprisonment, with no standard non-parole period. To be dealt with on a Form 1 in the way suggested by the Chief Justice in the guideline judgment (Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146) on those matters is an offence of possessing 20 grams of cannabis contrary to s 10(1) of the Drug Misuse and Trafficking Act 1985 and carries a maximum penalty of two years imprisonment, and an offence contrary to s 7(1) of the Firearms Act 1996, of possess an unauthorised pistol, carrying a maximum of 14 years imprisonment.

2. He has served no time in custody and he has no adult criminal record. The only matter of note is a charge dealt with in the Children’s Court by s 33 bond, of using a carriage service in a threatening manner in September 2016.

3. The pleas of guilty were entered at an early opportunity and it is common ground that there should be a 25% discount of any term of imprisonment as a result of that.

4. It is not contested by the Crown that the offences for which he appears are of a very low level of objective seriousness and that the matter can be appropriately dealt with by way of the imposition of a Community Corrections Order.

5. The offending was uncovered on 27 May 2018 when he was spoken to by police officers at St Leonards Station. There was some to-ing and fro‑ing about the dexamphetamine that he had. He said they were for his ADHD. They also found 1.8 grams of cannabis on him. the police also found a text message sent by him, to his girlfriend that morning saying, “I’ll be there with the dex soon.” As Ms Kyriakos puts, it was a deemed supply as the drugs did not actually get to his girlfriend although that was the apparent intention. He ultimately admitted to police when they arrived at his home on 23 May that the tablets were for supply to his girlfriend. The cannabis he acknowledged was his and he used it without selling it.

6. There was a cigarette lighter in the shape of a firearm found in the drawer which is the subject of the Form 1 charge, and I take account of the letter from his mother that she had bought it from Paddy’s Markets ten or 15 years ago for $15, and she had no idea that he would be committing an offence by being in possession of it.

7. I have regard to the letter from Exodus Youth Work and the lengthy report of Dr Sidorov, forensic psychiatrist, ad( setting out his history of mental health issues, but I accept that he has been taking steps to engage in counselling treatment and he has obtained employment.

8. In those circumstances, I make the following orders:

1. The offender is convicted of the offence.

2. Taking into account the Form 1 offences, pursuant to section 8(1) of the Crimes (Sentencing Procedure) Act 1999, I order the offender to comply with a community correction order for a period of 1 year commencing today.

3. The conditions to apply during the term of the order are as follows:

STANDARD CONDITIONS

4. You must not commit any offence.

5. Appear before court if called upon to do so at any time.

ADDITIONAL CONDITIONS

6. Undertake counselling and psychological treatment.

9. HIS HONOUR: Do you understand that sir?

10. OFFENDER: Yes your Honour.

11. HIS HONOUR: What is it, you tell me, what do you understand?

12. OFFENDER: That the next 12 months I will be watched closely and that ..(not transcribable)..

13. HIS HONOUR: Not only for the next 12 months, for the long term too, no point - because if anything happens in the next 12 months you’ll be back here before the Court for whatever brings you to court, but also to be dealt with for this, for breach of this community corrections order. I’m glad to hear that you’ve got a job, stick with it and stay out of trouble, all right?

14. OFFENDER: Thank you your Honour, I will.

Note – These extempore remarks were revised without access to the court file.

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Decision last updated: 01 October 2020