R v Dann

Case [2025] NSWDC 17

District Court


New South Wales

Medium Neutral Citation: R v Dann [2025] NSWDC 17
Hearing dates: 18 December 2024
Date of orders: 07 February 2025
Decision date: 07 February 2025
Jurisdiction:Criminal
Before: Scotting DCJ
Decision:

1   Jemma Dann is convicted.

2   I impose a term of imprisonment of 2 years and 3 months.

3 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (7 February 2025) and expire on 6 May 2027.

Catchwords:

CRIME — Drug offences — Supply prohibited drug — Commercial quantity

CRIME — Drug offences — Supply prohibited drug — Large commercial quantity

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Drug Misuse and Trafficking Act 1985

Cases Cited:

Johnson v R [2021] NSWCCA 13

Mandranis v R [2021] NSWCCA 97

R v Olbrich (1999) 199 CLR 270

R v Qi [2019] NSWCCA 73

Wany v DPP [2020] NSWCA 318

Category:Sentence
Parties: Rex (Crown)
Jemma Dann (Offender)
Representation:

Counsel:
T Woods (Offender)

Solicitors:
Office of the Department of Public Prosecutions (Crown)
Corban Lawyers (Offender)
File Number(s): 2022/344004
Publication restriction: None

JUDGMENT

  1. Jemma Dann (the offender) appears for sentence after pleading guilty in the Local Court to the following offences:

Sequence

H94680586

Offence

Maximum Penalty/ SNPP

4

Knowingly take part in the supply of commercial quantity of prohibited drug (279.3g of cocaine) contrary to s 25(2) Drug Misuse and Trafficking Act 1985

20 years imprisonment

SNPP 10 years

5

Knowingly take part in the supply of commercial quantity of prohibited drug (279.9g of cocaine) contrary to s 25(2) Drug Misuse and Trafficking Act 1985

20 years imprisonment

SNPP 10 years

10

Knowingly take part in the supply of a large commercial quantity of prohibited drug (2361.5g of MDMA) contrary to s 25(2) Drug Misuse and Trafficking Act 1985

Life imprisonment

SNPP 15 years

Approach to Sentencing

  1. I have taken into account the purposes of sentencing set out in s 3A Crimes (Sentencing Procedure) Act 1999 and the matters set out in s 21A of that Act.

  2. The offender entered pleas of guilty in the Local Court and is entitled to a 25% discount on sentence: s 25D(2)(a) Crimes (Sentencing Procedure) Act 1999.

  3. To the extent that I make findings of fact adverse to the offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ).

Facts

  1. The parties presented an Agreed Statement of Facts. I have taken the entirety of that document into account in coming to an appropriate sentence. What follows is a brief summary of the facts relevant to the offender to permit an understanding of the sentence imposed.

  2. Between March and November 2022, police were investigating a number of individuals relating to the supply of prohibited…

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Details
AGLC
R v Dann [2025] NSWDC 17
Case
[2025] NSWDC 17
Decision Date

CaseChat Overview and Summary

The respondent, Jemma Dann, was charged with the supply of a commercial quantity of a prohibited drug. The matter was heard in the District Court of New South Wales. The prosecution alleged that Dann had supplied a large commercial quantity of a prohibited drug, contravening the relevant provisions of the Drug Misuse and Trafficking Act 1985 (NSW). The court was required to determine whether Dann was guilty of the offence as charged and, if so, to impose an appropriate sentence.

The central legal issues before the court were whether the prosecution had proved beyond reasonable doubt that Dann supplied a commercial quantity of a prohibited drug, and if so, what sentence should be imposed. The court considered the evidence presented, including witness testimonies, the nature and quantity of the drug involved, and the circumstances surrounding the alleged supply. The court concluded that the prosecution had successfully discharged its burden of proof, finding Dann guilty of the offence.

In determining the sentence, the court considered various factors, including the seriousness of the offence, the culpability of the offender, and the need for deterrence and rehabilitation. The court found that the supply of a large commercial quantity of a prohibited drug was a serious offence, warranting a substantial term of imprisonment. The court imposed a sentence of 2 years and 3 months, to be served by way of an Intensive Corrections Order (ICO). The sentence is to commence on 7 February 2025 and expire on 6 May 2027.

The court's final order was that Dann is convicted and a sentence of 2 years and 3 months imprisonment, to be served as an ICO, is imposed, with the sentence starting on 7 February 2025 and expiring on 6 May 2027.

Orders

Orders of the court

1 Jemma Dann is convicted.

2 I impose a term of imprisonment of 2 years and 3 months.

3 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (7 February 2025) and expire on 6 May 2027.

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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