SUPREME COURT OF QUEENSLAND
CITATION:
R v Jarryd Kenneth Simpson [2024] QSC 295
PARTIES:
R
v
JARRYD KENNETH SIMPSON(Defendant)
FILE NO/S:
Indictment No 196 of 2021
DIVISION:
Trial Division
PROCEEDING:
Trial (Judge alone)
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED ON:
29 November 2024
DELIVERED AT:
Brisbane
HEARING DATE:
18 to 22 November 2024
JUDGE:
Williams J
VERDICT:
1. Count 1 on Indictment 196 of 2021 (trafficking in dangerous drugs, serious organised crime circumstance of aggravation): Not guilty.
2. Alternative count (trafficking in dangerous drugs): Guilty.
CATCHWORDS:
CRIMINAL LAW – PARTICULAR OFFENCES – DRUG OFFENCES – DEALING AND DISTRIBUTION OF DRUGS – TRAFFICKING OR SALE AND SUPPLY – where the trial proceeded without a jury – where the defendant pleaded not guilty to trafficking with the serious organised crime circumstance of aggravation, but pleaded guilty to carrying on the business of unlawfully trafficking in dangerous drugs – whether or not a third particularised person was a participant in the criminal organisation for the purposes of s 161Q of the Penalties and Sentences Act 1992 (Qld) – whether the particularised individuals were a “criminal organisation” as defined by s 161O – whether the defendant knew or reasonably ought to have known the offence was being committed in association with one or more persons who were participants in a criminal organisation – whether the prosecution has proven beyond reasonable doubt the circumstance of aggravation
Criminal Code 1899 (Qld) s 615C
Drugs Misuse Act 1986 (Qld) s 5Penalties and Sentences Act 1992 (Qld) s 161Q, s 161P, s 161O, 161R, s 251
Beckwith v The Queen (1976) 135 CLR 569, cited
R v A2; R v Magennis; R v Vaziri (2019) 373 ALR 214; [2019] HCA 35, cited
R v Hill (2020) 5 QR 225; [2020] QSCPR 14, cited
R v Hill (No 2) (2020) 6 QR 1; [2020] QSC 309, applied
R v Hilton (2020) 3 QR 260; [2020] QSCPR 2, cited
R v Nguyen [2023] QCA 168, cited
R v Pentland [2020] QSC 231, appliedR v Stasiak and Turkyilmaz (2019) 2 QR 533; [2019] QSC 260, applied
COUNSEL:
ZA Kaplan for the prosecution
AJ Kimmins for the defendant
SOLICITORS:
Office of the Director of Public Prosecutions for the prosecution
AW Bale & Son Solicitors for the defendant
The Defendant, Jarryd Kenneth Simpson, is charged in Count 1 on Indictment 196 of 2021 that between 1 August 2016 and 9 October 2017 he carried on the business of unlawfully trafficking in dangerous drugs, with a serious organised crime circumstance of aggravation pursuant to s 161Q of the Penalties and Sentences Act 1992 (Qld) (Penalties and Sentences Act).
The Defendant pleaded not guilty to trafficking with the serious organised crime circumstance of aggravation,[1] but pleaded guilty to carrying on the business of unlawfully trafficking in dangerous drugs.[2] The plea was not accepted by the Crown in discharge of Count 1 on the Indictment. The matter…
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- AGLC
- R v Jarryd Kenneth Simpson [2024] QSC 295
- Case
- [2024] QSC 295
- Decision Date
CaseChat Overview and Summary
The court considered the admitted facts and evidence, including the admissions made by the prosecution and the defendant, and the recordings of telephone intercepts. The court evaluated the credibility of the witnesses, particularly Scott, who had a history of drug addiction, had been intoxicated during the recordings, and had a reduced sentence due to his cooperation with law enforcement. The court also noted that Scott had been convicted of perjury, which further impacted his credibility. Despite these factors, the court could still act on Scott's evidence if satisfied he was a truthful and accurate witness. The court weighed Scott's evidence in conjunction with the other evidence and gave due weight to the dangers of acting on his evidence.
The court concluded that the prosecution had proven beyond reasonable doubt that Simpson was involved in a criminal organisation and that he knew or ought to have known that the offence was being committed in association with one or more persons who were participants in that criminal organisation. The court found that Simpson had carried on the business of unlawfully trafficking in dangerous drugs, and the serious organised crime circumstance of aggravation was proven. The court considered the totality of the evidence and Simpson's admissions in reaching its decision.
Orders
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Background
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Evidence
Evidence Before The Court
Decision
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Ratio Decidendi
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