R v Dando - [2019] NSWDC 833

District Court

New South Wales

Medium Neutral Citation: R v Dando [2019] NSWDC 833
Hearing dates: 9 May 2019, 21 June 2019
Decision date: 21 June 2019
Jurisdiction: Criminal
Before: King SC DCJ
Decision:
Convicted.
Form 1 offences taken into account on sentence imposed below.
Special circumstances found – first time in custody, age, good prospects of rehabilitation
Sentenced to a term of imprisonment for 2 years and 4 months, comprising a NPP of 1 year to commence on 3/4/2019 and to expire on 1/4/2020 and a balance of term of 1 year and 4 months to commence on 2/4/2020 and expiring on 1/8/2021. To be released to parole on the expiry of the NPP.
I make orders as per the Short Minutes of Consent Order d.21/6/19, signed by me and placed on the court file. Short Minutes of Consent Order
1: That this order is made against Cameron Dando
2.1 Pursuant to s29(1) the defendant pay to the State of NSW a drug proceeds order in the sum of S2900.00
Back up offences (s166 matters) withdrawn and dismissed.

Catchwords: CRIMINAL – Sentence - supply prohibited drugs on an ongoing basis – MDMA, MDA, cocaine, LSD, Lycergide, amphetamine, Alprazolam (Xanax), cannabis, Diclazepam, Modafinal - Form 1 matters – modern street dealing – undercover operatives – subjective matters
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Drugs Misuse and Trafficking Act 1985
Cases Cited: BP v The Queen 2010 NSWCCA 159
Bullock v the Queen (2016) NSWCCA
Category: Sentence
Parties: Regina
Dando, Cameron
Representation:
Counsel:
Ms M Keaney
Solicitors:
Mr S Jaeger
Mr J Robertson

File Number(s): 2018/247109

Judgment

Connor Dando appears for sentence in respect of a single offence, being supplying prohibited drugs on an ongoing basis, contrary to s 25A(1) of the Drugs Misuse and Trafficking Act 1985. The maximum penalty provided is 20 years’ imprisonment and/or a fine of 3,500 penalty units. There is no relevant standard non-parole period.
When being sentenced in respect of that offence, the offender asks the Court to take into account a further seven offences contained on a Form 1, pursuant to s 32 of the Crimes (Sentencing Procedure) Act 1999, those are five offences committed on 10 August 2018, being: possess prohibited drugs, 0.49 grams of Alprazolam; possess prohibited drug, being 2 grams of cocaine; possess prohibited drug, being 14.1 grams of cannabis; possess/attempt to, prescribed restricted substance, 0.54 grams of Diclazepam; and possess/attempt to, prescribed restricted substance, 20 tablets of Modafinal, which was 6.2 grams.
In relation to each of those five offences, they were, as will be referred to, substances located when he attended at a post office to collect them. As to the further two offences: they are an offence of supply of prohibited drug, being more than indictable but less than a commercial quantity, being 6.97 grams of 3,4-methylenedioxymethylamphetamine, commonly referred to as MDMA; and a further offence of supply prohibited drug, being more than a small but less than indictable quantity, being 3.5 grams of cocaine.

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 Dando

Details

AGLC: R v Dando [2019] NSWDC 833
Case: [2019] NSWDC 833
Decision Date: 21 June 2019

CaseChat Overview and Summary

In the District Court of New South Wales, the defendant, Cameron Dando, was convicted on various drug supply charges. The court was required to determine the appropriate sentence for Dando, who was found to have supplied a range of prohibited substances including MDMA, MDA, cocaine, LSD, lycergide, amphetamine, Alprazolam (Xanax), cannabis, Diclazepam, and Modafinil. The case involved the use of undercover operatives and Form 1 matters, highlighting the complexities of modern street dealing. The primary legal issues included the consideration of special circumstances and the application of the principles of sentencing in cases of drug supply.

The court considered several factors in determining the sentence, including Dando's first-time incarceration status, his age, and the prospects of rehabilitation. Given these special circumstances, the court found them to be significant mitigating factors. The court also took into account the Form 1 offences, which were considered in the overall sentencing. The court imposed a sentence of imprisonment for a term of two years and four months, with a non-parole period of one year. The sentence was designed to reflect both the seriousness of the offences and the mitigating factors presented.

The final orders included a conviction against Dando and a drug proceeds order for the sum of $2900, reflecting the proceeds of the illegal activities. The back-up offences were withdrawn and dismissed. The sentence was structured to commence on specific dates, with Dando being released to parole upon the expiration of the non-parole period. The orders were detailed in the Short Minutes of Consent Order, which were signed and filed with the court.

Orders

Orders of the court

Convicted.

Form 1 offences taken into account on sentence imposed below.

Special circumstances found – first time in custody, age, good prospects of rehabilitation

Sentenced to a term of imprisonment for 2 years and 4 months, comprising a NPP of 1 year to commence on 3/4/2019 and to expire on 1/4/2020 and a balance of term of 1 year and 4 months to commence on 2/4/2020 and expiring on 1/8/2021. To be released to parole on the expiry of the NPP.

I make orders as per the Short Minutes of Consent Order d.21/6/19, signed by me and placed on the court file. Short Minutes of Consent Order

1: That this order is made against Cameron Dando

2.1 Pursuant to s29(1) the defendant pay to the State of NSW a drug proceeds order in the sum of S2900.00

Back up offences (s166 matters) withdrawn and dismissed.

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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Medium Neutral Citation:	R v Dando [2019] NSWDC 833
Hearing dates:	9 May 2019, 21 June 2019
Decision date:	21 June 2019
Jurisdiction:	Criminal
Before:	King SC DCJ
Decision:	Convicted. Form 1 offences taken into account on sentence imposed below. Special circumstances found – first time in custody, age, good prospects of rehabilitation Sentenced to a term of imprisonment for 2 years and 4 months, comprising a NPP of 1 year to commence on 3/4/2019 and to expire on 1/4/2020 and a balance of term of 1 year and 4 months to commence on 2/4/2020 and expiring on 1/8/2021. To be released to parole on the expiry of the NPP. I make orders as per the Short Minutes of Consent Order d.21/6/19, signed by me and placed on the court file. Short Minutes of Consent Order 1: That this order is made against Cameron Dando 2.1 Pursuant to s29(1) the defendant pay to the State of NSW a drug proceeds order in the sum of S2900.00 Back up offences (s166 matters) withdrawn and dismissed.
Catchwords:	CRIMINAL – Sentence - supply prohibited drugs on an ongoing basis – MDMA, MDA, cocaine, LSD, Lycergide, amphetamine, Alprazolam (Xanax), cannabis, Diclazepam, Modafinal - Form 1 matters – modern street dealing – undercover operatives – subjective matters
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Drugs Misuse and Trafficking Act 1985
Cases Cited:	BP v The Queen 2010 NSWCCA 159 Bullock v the Queen (2016) NSWCCA
Category:	Sentence
Parties:	Regina Dando, Cameron
Representation:	Counsel: Ms M Keaney Solicitors: Mr S Jaeger Mr J Robertson
File Number(s):	2018/247109