R v Hitchen

[2020] NSWDC 753

District Court

New South Wales

Medium Neutral Citation:

R v Hitchen [2020] NSWDC 753

Hearing dates:

9/10/20, 12/10/20

Date of orders:

12/10/20

Decision date:

12 October 2020

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Convicted and sentenced to an aggregate sentence of 6 years with a NPP of 3 years 10 months (11/10/18-10/8/22). I find special circumstances.

Indicative sentences:

Proceeding 008 Knowingly take part in supply comm qty – 5 years 10 months with NPP 3 years 9 months (Form 1 taken into account).

Proceeding 003 Possess unauthorised firearm – 6 months.

Seq 6 Supply large commercial qty – withdrawn and dismissed.

Catchwords:

Crime – Sentence – Parity – Knowingly take part in supply of commercial quantity methylamphetamine – Supply large commercial quantity - Possess unauthorised firearm

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Firearms Act 1996

Cases Cited:

Weininger v The Queen [2003] 212 CLR 629

Category:

Sentence

Parties:

NSW DPP – Crown
Geoffrey Hitchen - Offender

Representation:

Mr G Ellis for Crown
Mr M Smith for Offender

File Number(s):

2018/311257

sentence

1. Mr Geoffrey Hitchen comes before the Court for sentence on two offences which are as follows. Firstly, knowingly take part in the supply of a prohibited drug, being not less than the commercial quantity of methylamphetamine. The maximum penalty for that offence is 20 years’ imprisonment and a standard non parole period of ten years applies. In addition, in sentencing him for that offence he asks that I take into account on a Form 1 an offence of knowingly deal with proceeds of crime, which itself carries a maximum penalty of 15 years’ imprisonment. The second offence for which he is to be sentenced is one of possess unauthorised firearm. The maximum penalty for that is five years’ imprisonment. The maximum penalty and standard non parole period, where applicable, are of course guideposts in the sentencing exercise to which I have regard.

2. The offender pleaded guilty to the firearms charge at an early stage, and is entitled to a discount of 25%. In relation to the knowingly take part in supply offence, he was initially committed for trial, but after negotiations a plea of guilty was accepted to the offence of knowingly take part in supply of not less than a commercial quantity. It is an agreed matter that he is entitled to a discount of 10% in relation to that offence.

3. The facts of the offences are the subject of agreement and, in essence, are as follows. In 2017 and 2018, the offender was living with his brother, Ross Hitchen, in a house in Lorne Avenue, South Penrith. On 17 August 2017, police installed a surveillance device into a Ford Territory vehicle belonging to the offender’s brother, Ross. Thereafter, that device was used for the purposes of a wider investigation into the activities of Ross Hitchen and various associates. On 22 January 2018, police recorded a conversation between the offender and his brother, Ross, in which Ross asked the offender why “the step was left open.”…