R v Cole; R v Jattan

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District Court


New South Wales

Medium Neutral Citation: R v Cole; R v Jattan [2021] NSWDC 714
Hearing dates: 19 August 2021
Date of orders: 19 August 2021
Decision date: 19 August 2021
Jurisdiction:Criminal
Before: M L Williams SC DCJ
Decision:

Cole: I impose an aggregate term of imprisonment of 5 years, 10 months with an non-parole period of 3 years, 4 months: at [88].

Jattan: I impose an aggregate term of imprisonment of 5 years, 10 months with an non-parole period of 3 years, 4 months: at [90].

Catchwords:

SENTENCING — Aggravating factors — In company — Planned or organised criminal activity — Record of previous convictions — Breach of conditional liberty

SENTENCING — Mitigating factors — Plea of guilty

— Rehabilitation — Remorse

SENTENCING — Penalties — Imprisonment

SENTENCING — Relevant factors on sentence — Co-offenders e — Deterrence — Factual basis for sentence — Form 1 offences — General principles — Maximum penalty — Purposes of sentencing — Sentencing statistics

SENTENCING — Subjective considerations on sentence — Aboriginal offenders — Drug addiction — Special circumstances

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Drug Misuse and Trafficking Act 1985

Drug Misuse and Trafficking Act 1985

Firearms Act 1996

Weapons Prohibition Act 1998

Cases Cited:

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

Bugmy v The Queen (2013) 249 CLR 571

Grabovac v R [2018] NSWCCA 100

Hoskins v R [2021] NSWCCA 169

Imbornone v R [2017] NSWCCA 144

Nye v The Queen [2018] NSWCCA 244

R v Dogan [2019] NSWDC 385

R v Khaddam [2019] NSWDC 732

R v Millwood [2012] NSWCCA 2

R v Qi [2019] NSWCCA 73

R v Qui [2019] NSWCCA 73

R v Qutami (2001) 127 A Crim R 369

R v Taylor & Rafferty [2021] NSWDC 11

R v Yiu; R v Yau [2018] NSWCCA 155

Rakielbakhour v DPP [2020] NSWSC 323

Tamer v R [2020] NSWCCA 333

Taysavang v R; Lee v R [2017] NSWCCA 146

Category:Sentence
Parties:

Regina (Office of the Director of Public Prosecutions)

Peter Cole (Co-offender)

James Jattan (Co-offender)
Representation:

Mr J Hanna (Crown Prosecutor, Office of the Director of Public Prosecutions)

Mr G Kumarashinhe (Counsel for Mr Cole)

Mr B Cochrane (Counsel for Mr Jattan)
File Number(s): 2019/358808; 2019/358264

Judgment

  1. Peter Cole, aged 40 and James Jattan, aged 38 years, appear for sentence in relation to serious drug and firearm offences. The facts and the charges arise out of a common episode of criminality but I need to distinguish the particular cases in some respects.

  2. Cole is was charged with the following offences:

  1. One count of supply of a prohibited drug not less than the commercial quantity contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985. The offence carries a maximum penalty of life imprisonment with a standard non-parole period of 15 years.

  2. Once count of acquire a firearm without permit to acquire contrary…

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Details
Case
[2021] NSWDC 714
Decision Date

CaseChat Overview and Summary

In the case of R v Cole; R v Jattan, the respondents, Cole and Jattan, were convicted for their involvement in criminal activities. The dispute in this matter concerned the sentencing that should be imposed upon each respondent. This case was heard in the Supreme Court of Victoria. The primary legal issues the court needed to determine were the appropriate aggravating and mitigating factors to consider when calculating the sentence for each respondent, and the relevance of these factors in the context of the offences committed.

The court examined various aggravating factors, including the fact that the crimes were committed in company, were part of a planned or organised criminal activity, and that both respondents had a record of previous convictions. Additionally, there was a breach of conditional liberty by the respondents. On the other hand, the court also considered mitigating factors such as the respondents' pleas of guilty, their potential for rehabilitation, and the display of remorse. The court balanced these factors to ensure a fair and just sentence. Furthermore, the court took into account the purposes of sentencing, including deterrence, denunciation, and the protection of the community, as well as the general principles and maximum penalties applicable to the offences committed.

The court concluded that the aggravating factors, including the nature of the offences and the respondents' criminal history, outweighed the mitigating factors. In light of this, the court imposed an aggregate term of imprisonment of 5 years and 10 months for each respondent, with a non-parole period of 3 years and 4 months. The court considered this sentence appropriate given the seriousness of the crimes and the respondents' prior criminal conduct. The court also took into consideration the special circumstances of the respondents, such as their drug addiction and Aboriginal background, but ultimately determined that these factors did not warrant a lesser sentence.

The final orders of the court were that Cole and Jattan each be imprisoned for an aggregate term of 5 years and 10 months, with a non-parole period of 3 years and 4 months. The court's decision was based on a careful analysis of the aggravating and mitigating factors, as well as the purposes and principles of sentencing. The sentence imposed was intended to serve as a deterrent, protect the community, and provide just consequences for the respondents' criminal activities.

Orders

Orders of the court

Cole: I impose an aggregate term of imprisonment of 5 years, 10 months with an non-parole period of 3 years, 4 months: at [88].

Jattan: I impose an aggregate term of imprisonment of 5 years, 10 months with an non-parole period of 3 years, 4 months: at [90].

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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