R v Conomos

[2019] ACTSC 183

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Conomos

Citation:

[2019] ACTSC 183

Hearing Dates:

13 May 2019, 9 July 2019

DecisionDate:

9 July 2019

Before:

Murrell CJ

Decision:

Sentenced to a total of 21 months’ imprisonment to be served by way of intensive correction in the community.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Trafficking in methylamphetamine – Trafficking in a trafficable quantity of cannabis – Parity with co-offender – Where the offender has no criminal history – Where the offender has strong prospects of rehabilitation and mental health problems – Where an intensive corrections order is appropriate

Legislation Cited:

Criminal Code 2002 (ACT) ss 45, 603(5), 603(7)

Crimes (Sentencing) Act 2005 (ACT) ss 11, 33, 36

Prohibited Weapons Act 1996 (ACT) s 5

Parties:

The Queen (Crown)

Jason Wayne Conomos (Offender)

Representation:

Counsel

C Mutharajah (Crown)

P Edmonds (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Canberra Criminal Lawyers (Offender)

File Number:

SCC 183 of 2018

Murrell CJ

Introduction

1. The offender pleaded guilty to the charges that, on 4 January 2017, he was knowingly concerned in:

(a)Trafficking in a controlled drug other than cannabis, being methylamphetamine, contrary to s 603(7) of the Criminal Code 2002 (ACT) (Criminal Code); and

(b)Trafficking in a trafficable quantity of cannabis, contrary to s 603(5) of the Criminal Code. 

1. Criminal responsibility is attributed to the offender by virtue of s 45 of the Criminal Code. 

1. Both offences carry a maximum penalty of 10 years' imprisonment, a fine of $150,000, or both.

1. The trafficable quantity of methylamphetamine is six grams and the commercial quantity is three kilograms.  A maximum penalty of 25 years' imprisonment applies in relation to the commercial quantity.  The trafficable quantity of cannabis is 300 grams and the commercial quantity is 30 kilograms.  A maximum penalty of 25 years' imprisonment applies to the commercial quantity.

1. The offender offered to plead to the relevant charges at a criminal case conference.  Later, the Crown agreed to accept the pleas in full satisfaction of all charges.  The pleas were entered after the trial date had been fixed, but that is far less important than the fact that the pleas were offered prior to the fixing of a trial date.  The appropriate s 35 discount is in the range of 15 to 20 per cent, probably towards the upper end of that range. 

1. The offender spent one night in custody in relation to these matters.

Facts

1. The offender lived with his son Corey Conomos (the co-offender) at a house in Calwell (the residence).  On 4 January 2017, police attended the residence in response to a reported disturbance.  They obtained a search warrant.  On searching the premises, they found the following items:

(a)2.194 kilograms of cannabis;

(b)319 grams of methylamphetamine;

(c)electronic scales;

(d)multiple clip seal bags;

(e)a bottle of acetone, face masks, and coffee filters; and

(f)a sum of almost $19,000. 

1. The co-offender's fingerprints were found on the bags containing…