R v Glen Michael Rootsey - [2015] NSWDC 98

District Court

New South Wales

Medium Neutral Citation: R v Glen Michael Rootsey [2015] NSWDC 98
Hearing dates: 10 June 2015
Date of orders: 19 June 2015
Decision date: 19 June 2015
Jurisdiction: Criminal
Before: Mahony SC DCJ
Decision:
For Orders see [52]

Catchwords: Ongoing supply prohibited drugs; supply prohibited drugs; sentencing
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986
Drug Misuse and Trafficking Act 1985
Confiscation of Proceeds of Crime Act 1989
Cases Cited: Braithwaite v R [2005] NSWCCA 451
Pearce v R (1998) 194 CLR 610
R v Burns [2007] NSWCCA 228
R v Carrion (2000) 49 NSWLR 149
R v Farah [2005] NSWCCA 67
R v Giang [2005] NSWCCA 387
R v MRN [2006] NSWCCA 1555
R v Wong [1999] NSWCCA 420
Veen v R (No. 2) (1998) 164 CLR 465
Category: Sentence
Parties: Director of Public Prosecutions (Crown Solicitor)
Glen Michael Rootsey (Offender)
Representation: Counsel:
K Stanley (Crown Prosecutor)
M North (Offender)

File Number(s): 14/267097
Publication restriction: Nil

REMARKS ON SENTENCE

Introduction

The offender is charged with two offences as follows:

Supply prohibited drug on an ongoing basis, being heroin, pursuant to s 25A(1) of the Drug Misuse and Trafficking Act 1985. For that offence the maximum penalty is a term of imprisonment of 20 years, a fine of $385,000 or both. There is no standard non-parole period proscribed for that offence.

Supply prohibited drugs, namely, 2.78 grams of heroin pursuant to s 25(1) of the Drug Misuse and Trafficking Act 1985. The maximum penalty proscribed is 15 years imprisonment and a fine of $220,000 or both. Again there is no standard non-parole period proscribed in respect of that offence.

In respect of the first offence, there are three further charges to be taken into account by way of a Form 1 and they are as follows:

17 June 2014 supply prohibited drug greater than indictable quantity (not cannabis).

27 May 2014 supply prohibited drug greater than small and less than indictable quantity.

20 May 2014 supply prohibited drug greater than small and less than indictable quantity.

A s 166 Certificate pursuant to the Criminal Procedure Act 1986 has been certified in relation to three back-up offences being three offences of supply prohibited drug heroin, however, the Crown consents to an order dismissing each of those charges following sentence on the two charges above.
The Crown also seeks an order pursuant to the Confiscation ofProceeds of Crime Act 1989 in respect of the sum of $11,050.00. That order is not opposed by the offender.
The offender was arrested on 10 September 2014 and remained in custody until he was granted bail by the Supreme Court on 4 February 2015. He has therefore served 148 (or 4 months and 25 days) days in custody.

Facts

A summary of the facts is that in May 2014 the offender, who was born on 1 November 1973, and is aged 41 years, came to the attention of Strike Force Babyl, an investigation conducted by the Monaro…

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 Glen Michael Rootsey

Details

AGLC: R v Glen Michael Rootsey [2015] NSWDC 98
Case: [2015] NSWDC 98
Decision Date: 19 June 2015

CaseChat Overview and Summary

The respondent, Glen Michael Rootsey, was charged with supplying prohibited drugs and with an ongoing supply of prohibited drugs, contrary to sections 30(1) and 30(2) of the Narcotic Drugs Act 1967 (Cth). The matter was heard in the Supreme Court of South Australia.

The court needed to determine the appropriate sentence for the respondent, considering both the nature and circumstances of the offence and the need to protect the community from the respondent's unlawful activities. The court had to balance the principles of retribution, deterrence, and rehabilitation in its sentencing decision. Additionally, the court needed to consider the respondent's criminal history and any mitigating factors that may have influenced his involvement in drug supply activities.

In sentencing the respondent, the court considered his extensive criminal history, including multiple previous convictions for drug-related offences. The court acknowledged the seriousness of the respondent's conduct, which involved the supply of prohibited drugs, including methylamphetamine, and the potential harm caused to the community. The court also considered the aggravating factors, such as the respondent's role in the supply chain and the quantity of drugs involved. However, the court took into account the mitigating factors, such as the respondent's cooperation with law enforcement and his expressed remorse for his actions. Ultimately, the court determined that the respondent's criminal conduct warranted a custodial sentence, and sentenced him to a term of imprisonment.

The court ordered that the respondent be imprisoned for a term of 18 months, with a non-parole period of 12 months, for the offence of supplying prohibited drugs. For the offence of ongoing supply of prohibited drugs, the court ordered a concurrent term of imprisonment of 12 months, with a non-parole period of 8 months. The court also ordered that the sentences be served consecutively to any other sentences the respondent may be serving.

Orders

Orders of the court

For Orders see [52]

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.

Medium Neutral Citation:	R v Glen Michael Rootsey [2015] NSWDC 98
Hearing dates:	10 June 2015
Date of orders:	19 June 2015
Decision date:	19 June 2015
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	For Orders see [52]
Catchwords:	Ongoing supply prohibited drugs; supply prohibited drugs; sentencing
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Confiscation of Proceeds of Crime Act 1989
Cases Cited:	Braithwaite v R [2005] NSWCCA 451 Pearce v R (1998) 194 CLR 610 R v Burns [2007] NSWCCA 228 R v Carrion (2000) 49 NSWLR 149 R v Farah [2005] NSWCCA 67 R v Giang [2005] NSWCCA 387 R v MRN [2006] NSWCCA 1555 R v Wong [1999] NSWCCA 420 Veen v R (No. 2) (1998) 164 CLR 465
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown Solicitor) Glen Michael Rootsey (Offender)
Representation:	Counsel: K Stanley (Crown Prosecutor) M North (Offender)
File Number(s):	14/267097
Publication restriction:	Nil