R v Hyde

[2020] ACTSC 301

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Hyde
Citation:	[2020] ACTSC 301
Hearing Dates:	29 May, 17 June, 13 August and 10 November 2020
Decision Date:	10 November 2020
Before:	Murrell CJ
Decision:	Sentenced to 16 months’ imprisonment, suspended on a good
behaviour order with additional conditions.
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Trafficking in controlled substance – Unauthorised possession of weapon – Possession of property suspected to be proceeds of crime – Successful completion of rehabilitation program
Legislation Cited:	Crimes (Sentence Administration) Act 2005 (ACT) s 18 Crimes (Sentencing) Act 2005 (ACT) s 35 Crimes Act 1900 (ACT) s 114C Crimes Act 1914 (Cth) s 21A Criminal Code 2002 (ACT) s 603(7) Prohibited Weapons Act 1996 (ACT) s 5
Cases Cited:	Bui v The Queen [2015] ACTCA 5 Nchouki v The Queen [2018] ACTCA 28 R v Bezan [2004] NSWCCA 342; 147 A Crim R 430 R v Day (1998) 100 A Crim R 275 R v Harmouche [2020] ACTSC 194 R v Hyde [2017] ACTSC 337 R v MacDonnell [2002] NSWCCA 34; 128 A Crim R 44 R v Nchouki [2017] ACTSC 387 R v Speechly [2002] NSWCCA 300; 133 A Crim R 26 Wong v The Queen [2001] HCA 64; 207 CLR 584
Parties:	The Queen (Crown) Natalie Marie Hyde (Offender)
Representation:	Counsel
S McFarland (Crown)
A Doig (Offender)
Solicitors
ACT Director of Public Prosecutions (Crown)
Darryl Perkins Solicitors (Offender)
File Number:	SCC 348 of 2019
MURRELL CJ:  Introduction

1.       The offender pleaded guilty to the following offences committed on 11 September 2019:

(a) Count 1: trafficking in a controlled substance other than cannabis (methylamphetamine), contrary to s 603(7) of the Criminal Code 2002 (ACT) (Criminal Code).

The maximum penalty for this offence is $160,000, 10 years’ imprisonment or

both.

(b) Counts 2 and 3: unauthorised possession of a prohibited weapon (hand-held electric charged devices), contrary to s 5 of the Prohibited Weapons Act 1996 (ACT) (Prohibited Weapons Act).

The maximum penalty for this offence is $80,000, five years’ imprisonment or

both.

(c) Count 4: possessing property suspected of being the proceeds of crime ($6,100), contrary to s 114C of the Crimes Act 1900 (ACT).

The maximum penalty for this offence is $32,000, two years’ imprisonment or

both.

2.       She is also before the Court for breaching a good behaviour order associated with a suspended sentence that was imposed by Mossop J in October 2017 and for breaching a six-month good behaviour order imposed by the Magistrates Court for a Commonwealth offence of trespass.

3.       In relation to Counts 1, 2 and 3, pleas were entered in the Magistrates Court on the fifth mention of the charges, and before a brief of evidence had been prepared. Count 4 was added later and the plea was entered on the second mention for that charge.

4. Although the pleas were not entered at the earliest opportunity, I propose…