R v Dowdell - [2022] NSWDC 529

District Court

New South Wales

Medium Neutral Citation: R v Dowdell [2022] NSWDC 529
Hearing dates: 03 November 2022
Date of orders: 03 November 2022
Decision date: 03 November 2022
Jurisdiction: Criminal
Before: Scotting DCJ
Decision:
1 Matthew Dowdell is convicted.
2 Taking into account the discount for the plea of guilty (25%) and the matters on the Form 1, I impose a term of imprisonment of 18 months.
3 I have had regard to s 66 Crimes (Sentencing Procedure) Act 1999 and I am satisfied that it is appropriate to order that the sentence be served by way of an Intensive Corrections Order (ICO), for the reasons I have already given and the following additional reasons, including by returning the purposes of sentencing in s 3A.
4 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 (3 November 2022) and expire on 2 May 2024.
5 The offender must report to the City Community Corrections Office on or before 4pm on 10 November 2022.
6 The standard conditions of the order apply:
(a) the offender must not commit any offence; and
(b) the offender must submit to supervision by a Community Corrections Officer.
7 The following additional conditions apply:
(a) the offender must abstain from taking all restricted or prohibited drugs, except those prescribed by a medical practitioner;
(b) the offender must receive treatment for drug rehabilitation and his mental health as reasonably directed by Community Corrections; and
(c) the offender must not associate with Brett Towers and Randall Cadby.

Catchwords:
CRIME — Drug offences — Supply prohibited drug

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999
Drug Misuse and Trafficking Act 1985

Cases Cited:
Attorney General’s Application No 1 of 2022 (2002) 56 NSWLR 147
R v Olbrich (1999) 199 CLR 270

Category: Sentence
Parties: Regina (Crown)
Matthew Dowdell (Offender)
Representation: Solicitors:
Office of the Director of Public Prosecutions (Crown)
Blair Criminal Lawyers (Offender)

File Number(s): 2021/266652
Publication restriction: None

Judgment

Introduction

Matthew Dowdell (the offender) appears for sentence after pleading guilty in the Local Court to an offence of supplying a commercial quantity of a prohibited drug, being 1995g of gamma butyrolactone (GBL) contrary to s 25(2) Drug Misuse and Trafficking Act 1985. The maximum penalty for the offence is 20 years imprisonment and parliament has prescribed a standard non-parole period of 10 years.
The offender also asks the Court to take into account an offence of knowingly deal in the proceeds of crime ($450 cash) and failing to comply with a COVID-19 public health order on a Form 1.

Approach to Sentencing

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…

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 Dowdell

Details

AGLC: R v Dowdell [2022] NSWDC 529
Case: [2022] NSWDC 529
Decision Date: 03 November 2022

CaseChat Overview and Summary

The case of R v Dowdell involved a conviction for drug supply. Matthew Dowdell was found guilty of supplying a prohibited drug and the matter was heard in the relevant court. The primary issue before the court was to determine an appropriate sentence, taking into account the plea of guilty and other relevant factors. The court had to balance the purposes of sentencing, which included deterrence, rehabilitation, and punishment, against the mitigating factors presented.

The court considered the defendant's guilty plea, which warranted a 25% discount on the sentence. It also took into account other mitigating factors detailed in the Form 1, such as Dowdell's personal circumstances and any relevant background information. The court determined that an Intensive Corrections Order (ICO) was appropriate, not only for the reasons previously outlined but also to address the purposes of sentencing as set out in section 3A of the Crimes (Sentencing Procedure) Act 1999. The ICO was deemed suitable for Dowdell due to its focus on rehabilitation and deterrence, which aligned with the sentencing objectives.

Dowdell was sentenced to a term of imprisonment of 18 months, to be served as an ICO. The sentence was to commence immediately and conclude on 2 May 2024. Dowdell was required to report to the City Community Corrections Office by 4pm on 10 November 2022 and adhere to both standard and additional conditions of the order. These included abstaining from drug use, receiving treatment for drug rehabilitation and mental health, and avoiding association with certain individuals. The court's decision was aimed at ensuring that Dowdell would be rehabilitated and deterred from future criminal activity.

Orders

Orders of the court

1 Matthew Dowdell is convicted.

2 Taking into account the discount for the plea of guilty (25%) and the matters on the Form 1, I impose a term of imprisonment of 18 months.

3 I have had regard to s 66 Crimes (Sentencing Procedure) Act 1999 and I am satisfied that it is appropriate to order that the sentence be served by way of an Intensive Corrections Order (ICO), for the reasons I have already given and the following additional reasons, including by returning the purposes of sentencing in s 3A.

4 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 (3 November 2022) and expire on 2 May 2024.

5 The offender must report to the City Community Corrections Office on or before 4pm on 10 November 2022.

6 The standard conditions of the order apply:

(a) the offender must not commit any offence; and

(b) the offender must submit to supervision by a Community Corrections Officer.

7 The following additional conditions apply:

(a) the offender must abstain from taking all restricted or prohibited drugs, except those prescribed by a medical practitioner;

(b) the offender must receive treatment for drug rehabilitation and his mental health as reasonably directed by Community Corrections; and

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 Dowdell [2022] NSWDC 529
Hearing dates:	03 November 2022
Date of orders:	03 November 2022
Decision date:	03 November 2022
Jurisdiction:	Criminal
Before:	Scotting DCJ
Decision:	1 Matthew Dowdell is convicted. 2 Taking into account the discount for the plea of guilty (25%) and the matters on the Form 1, I impose a term of imprisonment of 18 months. 3 I have had regard to s 66 Crimes (Sentencing Procedure) Act 1999 and I am satisfied that it is appropriate to order that the sentence be served by way of an Intensive Corrections Order (ICO), for the reasons I have already given and the following additional reasons, including by returning the purposes of sentencing in s 3A. 4 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 (3 November 2022) and expire on 2 May 2024. 5 The offender must report to the City Community Corrections Office on or before 4pm on 10 November 2022. 6 The standard conditions of the order apply: (a) the offender must not commit any offence; and (b) the offender must submit to supervision by a Community Corrections Officer. 7 The following additional conditions apply: (a) the offender must abstain from taking all restricted or prohibited drugs, except those prescribed by a medical practitioner; (b) the offender must receive treatment for drug rehabilitation and his mental health as reasonably directed by Community Corrections; and (c) the offender must not associate with Brett Towers and Randall Cadby.
Catchwords:	CRIME — Drug offences — Supply prohibited drug
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985
Cases Cited:	Attorney General’s Application No 1 of 2022 (2002) 56 NSWLR 147 R v Olbrich (1999) 199 CLR 270
Category:	Sentence
Parties:	Regina (Crown) Matthew Dowdell (Offender)
Representation:	Solicitors: Office of the Director of Public Prosecutions (Crown) Blair Criminal Lawyers (Offender)
File Number(s):	2021/266652
Publication restriction:	None