R v CV - [2010] NSWDC 36

CITATION: R v CV [2010] NSWDC 36

HEARING DATE(S): 21/01/2010

JUDGMENT DATE:
28 January 2010

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Supply prohibited drug (2009/00047068):
Convicted.
Sentence to a fixed term of 1 year, 4 months and 15 days imprisonment to date from the 16th January 2009 and expire on the 30th May 2010.
Supply prohibited drug (2009/00147423)- sequence 1:
Convicted.
Sentence to a fixed term of 1 year, 9 months and 15 days imprisonment to date from the 16th January 2009 and expire on the 30th October 2010.
Supply prohibited drug (2009/00147423)- sequence 3:
Convicted.
Sentence to a non-parole period of 1 year 11 months and 15 days to date from the 16th July 2009 and expire o the 1st July 2011. Balance of term of 1 year and 8 months to expire on the 28th February 2013.
I take into account the 7 matters on the Form 1. These matters include:
1.Deal proceeds of crime ($1200.00). Sequence 2
2.Deal proceeds of crime ($14,950.00). Sequence 4
3.Possess prohibited weapon (knuckle duster). Sequence 5
4.Possess prohibited drug (2.0g cocaine). Sequence 6
5.Possess prohibited drug (0.2g heroin). Sequence 7
6.Possess prescribed restricted substance (2 tabs alprazolam). Sequence 8
7.Possess prohibited drug (2.0g cannabis). Sequence 9
I order the offender’s release to parole on the 1st July 2011.
Forfeiture Orders:
Pursuant to s.18 (1) of the Confiscation of Proceeds of Crime Act 1989, cash in the sum of $1200.00 found at Camperdown in silver Ford motor vehicle registration WTL 636 (VIC) on 16th January 2009 be forfeited to the State.
Pursuant to s.18 (1) of the Confiscation of Proceeds of Crime Act 1989, cash in the sum of $14,950.00 found in premises rented by the respondent at 216/1 Missenden Road Camperdown on 16th January 2009 be forfeited to the State.
Destruction Orders :
I order the destruction of the drugs.
I recommend the offender to enter into a fulltime rehabilitation centre in New South Wales for the first 6 months of parole.

CATCHWORDS: Criminal Law - Sentencing - Supply prohibited drugs (x3) - methamphetamines - commercial quantity - Form 1 - dealing with proceeds of crime - possess prohibited weapon (knuckleduster) - possess prohibited drugs - supplies constituted actual and deemed supplies - poly-drug dealing - financial gain outstrips cost of maintaining personal drug habit - standard - non-parol period - commercial supply fall below mid-range of seriousness - standard non-parole period does not apply - plea of guilty.

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985
Crimes (Sentencing Procedure) Act 1999

CASES CITED: Gladue v The Queen [1999] 1SCR 688 [80]
R v Cuthbert (1967) 2 NSWR 329
R v Rushby [1977] NSWLR 597
R v Hayes [1984] 1 NSWLR 740
R v Way (2004) 60 NSWLR 168

PARTIES: Regina
CV

FILE NUMBER(S): 2009/11/1174

COUNSEL: Defence: P Boulten SC

SOLICITORS: Crown: Mr. N Borosh

JUDGMENT

Portions of these remarks on sentence have been excluded from this report of them for public policy reasons.

1. CV is another example of…

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 CV

Details

AGLC: R v CV [2010] NSWDC 36
Case: [2010] NSWDC 36
Decision Date: 28 January 2010

CaseChat Overview and Summary

The respondent, CV, was convicted of multiple drug supply offences and additional drug possession charges, as well as dealing with the proceeds of crime and possessing a prohibited weapon. The case was heard in the relevant court, which imposed sentences and orders upon conviction. The primary legal issues the court addressed involved determining the appropriate sentences for each offence, considering the nature and circumstances of the drug supply activities, the presence of additional criminal conduct, and the offender's plea of guilty.

The court examined the seriousness of the drug supply offences, noting that the quantities involved indicated commercial dealing rather than personal use. The court concluded that while the offences were significant, they did not reach the mid-range of seriousness typically associated with commercial drug supply, thus not warranting the standard non-parole period. The court also considered the offender's possession of a prohibited weapon and various drugs, as well as the proceeds of crime found during the investigation. The plea of guilty was acknowledged, resulting in a reduction in the sentences imposed.

Following a comprehensive analysis of the offences and mitigating factors, the court sentenced the respondent to fixed and non-parole terms for the drug supply charges, with specific dates for the commencement and expiration of each sentence. The court also ordered the forfeiture of cash found during the investigation and mandated the destruction of the drugs. The court recommended that the respondent enter a full-time rehabilitation centre during the initial phase of parole, aiming to address the underlying issues contributing to the criminal behaviour.

Orders

Orders of the court

Supply prohibited drug (2009/00047068):

Convicted.

Sentence to a fixed term of 1 year, 4 months and 15 days imprisonment to date from the 16th January 2009 and expire on the 30th May 2010.

Supply prohibited drug (2009/00147423)- sequence 1:

Convicted.

Sentence to a fixed term of 1 year, 9 months and 15 days imprisonment to date from the 16th January 2009 and expire on the 30th October 2010.

Supply prohibited drug (2009/00147423)- sequence 3:

Convicted.

Sentence to a non-parole period of 1 year 11 months and 15 days to date from the 16th July 2009 and expire o the 1st July 2011. Balance of term of 1 year and 8 months to expire on the 28th February 2013.

I take into account the 7 matters on the Form 1. These matters include:

1.Deal proceeds of crime ($1200.00). Sequence 2

2.Deal proceeds of crime ($14,950.00). Sequence 4

3.Possess prohibited weapon (knuckle duster). Sequence 5

4.Possess prohibited drug (2.0g cocaine). Sequence 6

5.Possess prohibited drug (0.2g heroin). Sequence 7

6.Possess prescribed restricted substance (2 tabs alprazolam). Sequence 8

7.Possess prohibited drug (2.0g cannabis). Sequence 9

I order the offender’s release to parole on the 1st July 2011.

Forfeiture Orders:

Pursuant to s.18 (1) of the Confiscation of Proceeds of Crime Act 1989, cash in the sum of $1200.00 found at Camperdown in silver Ford motor vehicle registration WTL 636 (VIC) on 16th January 2009 be forfeited to the State.

Pursuant to s.18 (1) of the Confiscation of Proceeds of Crime Act 1989, cash in the sum of $14,950.00 found in premises rented by the respondent at 216/1 Missenden Road Camperdown on 16th January 2009 be forfeited to the State.

Destruction Orders :

I order the destruction of the drugs.

I recommend the offender to enter into a fulltime rehabilitation centre in New South Wales for the first 6 months of parole.

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.

CITATION:	R v CV [2010] NSWDC 36
HEARING DATE(S):	21/01/2010
JUDGMENT DATE:	28 January 2010
JURISDICTION:	Criminal
JUDGMENT OF:	Nicholson SC DCJ
DECISION:	Supply prohibited drug (2009/00047068): Convicted. Sentence to a fixed term of 1 year, 4 months and 15 days imprisonment to date from the 16th January 2009 and expire on the 30th May 2010. Supply prohibited drug (2009/00147423)- sequence 1: Convicted. Sentence to a fixed term of 1 year, 9 months and 15 days imprisonment to date from the 16th January 2009 and expire on the 30th October 2010. Supply prohibited drug (2009/00147423)- sequence 3: Convicted. Sentence to a non-parole period of 1 year 11 months and 15 days to date from the 16th July 2009 and expire o the 1st July 2011. Balance of term of 1 year and 8 months to expire on the 28th February 2013. I take into account the 7 matters on the Form 1. These matters include: 1.Deal proceeds of crime ($1200.00). Sequence 2 2.Deal proceeds of crime ($14,950.00). Sequence 4 3.Possess prohibited weapon (knuckle duster). Sequence 5 4.Possess prohibited drug (2.0g cocaine). Sequence 6 5.Possess prohibited drug (0.2g heroin). Sequence 7 6.Possess prescribed restricted substance (2 tabs alprazolam). Sequence 8 7.Possess prohibited drug (2.0g cannabis). Sequence 9 I order the offender’s release to parole on the 1st July 2011. Forfeiture Orders: Pursuant to s.18 (1) of the Confiscation of Proceeds of Crime Act 1989, cash in the sum of $1200.00 found at Camperdown in silver Ford motor vehicle registration WTL 636 (VIC) on 16th January 2009 be forfeited to the State. Pursuant to s.18 (1) of the Confiscation of Proceeds of Crime Act 1989, cash in the sum of $14,950.00 found in premises rented by the respondent at 216/1 Missenden Road Camperdown on 16th January 2009 be forfeited to the State. Destruction Orders : I order the destruction of the drugs. I recommend the offender to enter into a fulltime rehabilitation centre in New South Wales for the first 6 months of parole.
CATCHWORDS:	Criminal Law - Sentencing - Supply prohibited drugs (x3) - methamphetamines - commercial quantity - Form 1 - dealing with proceeds of crime - possess prohibited weapon (knuckleduster) - possess prohibited drugs - supplies constituted actual and deemed supplies - poly-drug dealing - financial gain outstrips cost of maintaining personal drug habit - standard - non-parol period - commercial supply fall below mid-range of seriousness - standard non-parole period does not apply - plea of guilty.
LEGISLATION CITED:	Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999
CASES CITED:	Gladue v The Queen [1999] 1SCR 688 [80] R v Cuthbert (1967) 2 NSWR 329 R v Rushby [1977] NSWLR 597 R v Hayes [1984] 1 NSWLR 740 R v Way (2004) 60 NSWLR 168
PARTIES:	Regina CV
FILE NUMBER(S):	2009/11/1174
COUNSEL:	Defence: P Boulten SC
SOLICITORS:	Crown: Mr. N Borosh