R v Grills - [2024] NSWDC 545

District Court

New South Wales

Medium Neutral Citation: R v Grills [2024] NSWDC 545
Hearing dates: 6/11/24, 7/11/24
Date of orders: 7/11/24
Decision date: 07 November 2024
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Convicted and sentenced to an aggregate term of imprisonment of 7 years 8 months with a NPP of 5 years 4 months (26/3/24-25/7/29). I find special circumstances.
Indicative sentences (25 percent discount taken into account):
Seq 6 Ongoing supply – 4 years 6 months
Seq 10 Ongoing supply – 4 years 3 months
Seq 2 Supply commercial qty cocaine – 4 years 5 months with NPP 3 years 1 month (Form 1 taken into account)
Seq 6 Deemed supply large commercial qty methylamphetamine – 4 years 9 months with NPP 3 years 4 months.

Catchwords:
Crime – Sentence – Supply prohibited drug on ongoing basis – Supply large commercial quantity methylamphetamine – Supply commercial quantity cocaine

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

Cases Cited:
Field v R [2020] NSWCCA 105
Lloyd v R [2022] NSWCCA 18
Mill v R (1988) 166 CLR 59

Category: Sentence
Parties: NSW DPP – Crown
Rodney Grills - Offender
Representation: Mr Hoitink for Crown
Mr Micali for Offender

File Number(s): 23/258526, 24/57321

remarks on sentence

Mr Grills is for sentence in relation to four offences of supplying prohibited drugs under the Drug Misuse and Trafficking Act 1985. Firstly, the sequence 6 offence of supplying a prohibited drug on an ongoing basis for financial reward, that being an offence under s 25A(1), which carries a maximum penalty of 20 years imprisonment.
Next, the sequence 2 offence of supply commercial quantity of cocaine, that being an offence under s 25(2), which carries a maximum penalty of 20 years imprisonment and has specified a standard non-parole period of 10 years.
Next, the sequence 6 offence of supplying a large commercial quantity of methamphetamine, which is an offence under s 25(2) and carries a maximum penalty of life imprisonment and has specified a standard non-parole period of 15 years.
I note also that there is a Form 1 to be taken into account in sentencing for the sequence 2 supply cocaine matter.
Fourthly, there is sequence 10 offence of supply prohibited drug on an ongoing basis for financial reward, that being an offence under s 25A(1) which has a maximum penalty of 20 years imprisonment.
The maximum penalties and, where applicable, standard non-parole periods are, of course, important guide posts in the sentencing exercise to which I have had regard.
The offender pleaded guilty at an earliest opportunity and will, therefore, be given a discount of 25 per cent, by reason of the utilitarian value of those pleas of guilty.

FACTS

There is an agreed statement of facts, all of which I have taken into account. In summary, however, the relevant facts are as follows:
At the time of the offences, the offender was living with his then partner in the suburb of Farley where a co-offender,…

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 Grills

Details

AGLC: R v Grills [2024] NSWDC 545
Case: [2024] NSWDC 545
Decision Date: 07 November 2024

CaseChat Overview and Summary

The case of R v Grills involved a criminal prosecution in which the defendant was charged with multiple counts of drug supply. The court heard that Grills had been involved in the ongoing supply of prohibited substances, specifically methylamphetamine and cocaine, in large commercial quantities. The matter was heard and determined by the Supreme Court of a state in Australia.

The primary legal issues before the court were the appropriate sentences to be imposed for each of the drug supply charges, and whether special circumstances existed that would warrant a departure from the usual sentencing principles. The court also had to consider the aggregate sentence to ensure it was just and proportionate to the offences committed.

In delivering the judgment, the court meticulously examined the nature and extent of Grills' criminal activities. It was found that Grills had been engaged in the supply of prohibited drugs on an ongoing basis, and had supplied large commercial quantities of methylamphetamine and commercial quantities of cocaine. The court considered these factors along with the relevant sentencing principles and guidelines. After evaluating the evidence and arguments, the court found that special circumstances existed, justifying a departure from the usual sentencing approach. The court then imposed an aggregate sentence of 7 years and 8 months imprisonment, with a non-parole period of 5 years and 4 months.

The final orders of the court included the imposition of the aggregate sentence with the specified non-parole period, and the determination that special circumstances existed. The court's decision was detailed, reflecting a thorough analysis of the evidence and the legal principles applicable to the case.

Orders

Orders of the court

Convicted and sentenced to an aggregate term of imprisonment of 7 years 8 months with a NPP of 5 years 4 months (26/3/24-25/7/29). I find special circumstances.

Indicative sentences (25 percent discount taken into account):

Seq 6 Ongoing supply – 4 years 6 months

Seq 10 Ongoing supply – 4 years 3 months

Seq 2 Supply commercial qty cocaine – 4 years 5 months with NPP 3 years 1 month (Form 1 taken into account)

Seq 6 Deemed supply large commercial qty methylamphetamine – 4 years 9 months with NPP 3 years 4 months.

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 Grills [2024] NSWDC 545
Hearing dates:	6/11/24, 7/11/24
Date of orders:	7/11/24
Decision date:	07 November 2024
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Convicted and sentenced to an aggregate term of imprisonment of 7 years 8 months with a NPP of 5 years 4 months (26/3/24-25/7/29). I find special circumstances. Indicative sentences (25 percent discount taken into account): Seq 6 Ongoing supply – 4 years 6 months Seq 10 Ongoing supply – 4 years 3 months Seq 2 Supply commercial qty cocaine – 4 years 5 months with NPP 3 years 1 month (Form 1 taken into account) Seq 6 Deemed supply large commercial qty methylamphetamine – 4 years 9 months with NPP 3 years 4 months.
Catchwords:	Crime – Sentence – Supply prohibited drug on ongoing basis – Supply large commercial quantity methylamphetamine – Supply commercial quantity cocaine
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985
Cases Cited:	Field v R [2020] NSWCCA 105 Lloyd v R [2022] NSWCCA 18 Mill v R (1988) 166 CLR 59
Category:	Sentence
Parties:	NSW DPP – Crown Rodney Grills - Offender
Representation:	Mr Hoitink for Crown Mr Micali for Offender
File Number(s):	23/258526, 24/57321