District Court
New South Wales
Medium Neutral Citation: R v Frederickson-Angell [2021] NSWDC 22 Hearing dates: 22 January 2021 Decision date: 12 February 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Period of three years imprisonment to be served by Intensive Correction Order. For orders see [89]
Catchwords: Multiple possession and deemed supply of prohibited drugs offences; weapons offences; youthful offender; aggregate sentence
Legislation Cited: Confiscation of Proceeds of Crime Act 1989
Crimes Act 1900
Drug Misuse & Trafficking Act 1985
Explosives Act 2003
Firearms Act 1996
Government (Information) Public Act 2009
Cases Cited: BP v R [2010] NSWCCA 159
Bugmy v R
Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41
Chong v R [2017] NSWCCA 185
Dang v R [2013] NSWCCA 246
IS v R [2017] NSWCCA 116
KT v R [2008] NSWCCA 51
Pearce v R [1998] HCA 57
R v Gorman [2002] NSWCCA 516
R v McMaster [2020] NSWDC 673
R v Pullen [2018] NSWCCA 264
R v Robertson [2017] NSWCCA 205
Category: Sentence Parties: Director of Public Prosecutions (Crown)
Tory-John Frederickson-Angell (Offender)Representation: Counsel:
Solicitors:
M Smith (Offender)
D Sercombe (Crown)
File Number(s): 19/392180
20/62776Publication restriction: Nil
REMARKS ON SENTENCE
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The offender is to be sentenced in respect of the following five offences to which he has pleaded guilty:
Sequence 1 – possess prohibited weapon pursuant to s 7(1) of the Weapons Prohibition Act 1998
The maximum penalty for this offence is 14 years imprisonment and there is a Standard Non-Parole Period of 5 years imprisonment.
Sequence 2 – supply prohibited drug greater than indictable and less than commercial quantity pursuant to s 25(1) of the Drug Misuse & Trafficking Act 1985 (“DMTA”).
The maximum penalty for this offence is 15 years imprisonment and/or a $220,000.00 fine. There is no Standard Non-Parole Period.
Sequence 3 – possess unauthorised pistol pursuant to s 7(1) of the Firearms Act 1996
The maximum penalty for this offence is 14 years imprisonment and there is a Standard Non-Parole Period of 4 years imprisonment.
Sequence 7 – supply prohibited drug greater than indictable quantity and less than commercial quantity pursuant to s 25(1) of the DMTA
The maximum penalty for this offence is 15 years imprisonment and/or $220,000 fine. There is no Standard Non-Parole Period.
Sequence 11 – knowingly deal with proceeds of crime pursuant to s 193B(2) of the Crimes Act 1900
The maximum penalty for this offence is 15 years imprisonment and there is no Standard Non-Parole Period.
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The following matters are to be dealt with as related matters on a certificate pursuant to s 166 of the Criminal Procedure Act 1986:
Sequence 5 – possess prohibited drug pursuant to s 10(1) of the DMTA
The maximum penalty for this offence is 2 years imprisonment and/or $2,200 fine.
Sequence 9 – handle explosive pursuant to s 6(1) of the Explosives Act 2003
The maximum penalty for this…
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- AGLC
- R v Frederickson-Angell [2021] NSWDC 22
- Case
- [2021] NSWDC 22
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to resolve included the appropriate sentence for the respondent's offending, taking into account the principles of sentencing for young offenders, and the impact of the aggregate sentence on the respondent's future prospects. The court had to balance the seriousness of the offences with the respondent's age and potential for rehabilitation. The court also had to consider whether an Intensive Correction Order was an appropriate alternative to a custodial sentence. The decision involved a careful assessment of the evidence and the applicable legal principles to ensure that the sentence was just and proportionate.
The court considered the totality of the offending and the respondent's age, acknowledging that he was a youthful offender with potential for rehabilitation. The court found that the offences were serious, but the respondent's age and potential for rehabilitation were significant mitigating factors. The court determined that an Intensive Correction Order was an appropriate alternative to a custodial sentence, as it would provide the respondent with an opportunity for rehabilitation while also ensuring public safety. The court sentenced the respondent to a period of three years imprisonment to be served by an Intensive Correction Order, reflecting the appropriate balance between punishment and rehabilitation. The court also made several other orders, including a 12-month good behaviour bond and a 12-month firearms prohibition order.
Orders
Orders of the court
Period of three years imprisonment to be served by Intensive Correction Order. For orders see [89]
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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