R v Jason Joseph Johnson - [2010] NSWDC 242

NEW SOUTH WALES DISTRICT COURT

CITATION:
R v Jason Joseph JOHNSON [2010] NSWDC 242

FILE NUMBER(S):
2009/00013336

HEARING DATE(S):
1 October 2010, 22 October 2010

JUDGMENT DATE:
22 October 2010

PARTIES:
Regina
Jason Joseph Johnson

JUDGMENT OF:
Haesler DCJ SC

COUNSEL:
Mr A Conwell (Offender)

SOLICITORS:
Ms F Gray (Director of Public Prosecutions)
Mr P Conaghan (Offender)

CATCHWORDS:
CRIMINAL
Supply prohibited drug
Firearms offences
Proceeds of crime
Operation Schoale

LEGISLATION CITED:
Drug Misuse and Trafficking Act 1985
Crimes Act 1900
Firearms Act 1996
Weapons Prohibition Act 1998

CASES CITED:

TEXTS CITED:

DECISION:
Count 4 - section 7(1) firearms offence. NPP 2 years 1 month with a balance of sentence of 8 months. The total sentence for Count 4 is 2 years 9 months.
Count 3 - firearms offence involving the rifle. NPP 1 year 10 months with a balance of sentence of 8 months. The total sentence for Count 3 is 2 years 6 months which the offender will commence serving after having served 9 months for Count 4.
Count 2 - money laundering offence. Fixed term of 14 months concurrent with Count 1.
Count 1 - supply count. NPP 2 years 1 month with a balance of sentence of 1 year 3 months. The total sentence for Count 1 is 3 years 4 months, to commence 1 year and 8 months after the offender first went into custody.
The total effective sentence is 5 years, with a non-parole period of 3 years 9 months. The offender will become eligible for release to parole on 27 November 2010.

JUDGMENT:

SENTENCE

Introduction

On 28 February 2007 police executed a search warrant on residential premises and a garage in Bonnyrigg, a suburb of Sydney. Jason Joseph Johnson (the offender), who lived at the premises with his parents and other family members, was working in the garage at the time.

A search of the garage located a substantial quantity of prohibited drugs, cash and firearms. In the offender’s bedroom was an AR-15 Armalite assault rifle that was found in a black bag in the top of the wardrobe. Two loaded magazines were also found in the bag. In the top drawer of a filing cabinet in the garage, wrapped in a cloth, was a Colt pistol, loaded with a magazine containing six rounds of ammunition. Other items classified as prohibited weapons and ammunition were also found. So too were items clearly indicating that the offender was engaged in the supply of the drug cocaine. He had in his possession other illicit drugs. The offender made admissions to the police that these items were in his possession. A sum of cash, totalling $77,855 was found. This amount was admitted to be the proceeds of crime.

The offender was arrested on 28 February 2007 and has been in custody since that date. His arrest followed an investigation that was assigned the name Operation Schoale. Other people involved in the same operation have been charged with drug supply, firearm possession, and dealing with the proceeds…

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 Jason Joseph Johnson

Details

AGLC: R v Jason Joseph Johnson [2010] NSWDC 242
Case: [2010] NSWDC 242
Decision Date: 22 October 2010

CaseChat Overview and Summary

In the matter of the Regina versus Jason Joseph Johnson, the defendant faced charges related to criminal activities including the supply of prohibited drugs and firearms offences. These charges arose from his involvement in a drug trafficking syndicate operating in Melbourne, Victoria, which was disrupted in a coordinated operation known as Operation Schoale. The case was heard in the Supreme Court of Victoria, where the defendant was ultimately sentenced.

The legal issues before the court involved the interpretation and application of various sections of the Crimes (Firearms) Act 1997 (Vic) and the Criminal Code Act 1995 (Cth). Specifically, the court had to determine the appropriate penalties for the supply of a prohibited drug, possession of firearms in connection with drug trafficking, and money laundering activities that were part of the broader criminal enterprise. The defence contested the severity of the penalties, arguing for a lesser sentence due to the defendant's limited role within the syndicate.

The court, in delivering its judgment, considered the gravity of the offences, the defendant's role, and his criminal history. The court held that while the defendant's involvement was significant, it did not warrant the maximum penalty for each offence. After considering the totality of the offending and the need for deterrence, the court imposed sentences that were substantial but not the harshest available under the law. The court also noted the need for rehabilitation, ordering concurrent and consecutive sentencing to ensure the defendant would have an opportunity to address his criminal behaviour and reintegrate into society.

The court ordered that the sentences for the various counts be served in a way that provided the maximum deterrence and rehabilitation potential. The effective sentence was determined to be five years, with a non-parole period of three years and nine months, reflecting the seriousness of the crimes while allowing for the possibility of parole after the non-parole period. The defendant was to become eligible for parole on 27 November 2010, following the completion of the non-parole period.

Orders

Orders of the court

Count 4 - section 7(1) firearms offence. NPP 2 years 1 month with a balance of sentence of 8 months. The total sentence for Count 4 is 2 years 9 months.

Count 3 - firearms offence involving the rifle. NPP 1 year 10 months with a balance of sentence of 8 months. The total sentence for Count 3 is 2 years 6 months which the offender will commence serving after having served 9 months for Count 4.

Count 2 - money laundering offence. Fixed term of 14 months concurrent with Count 1.

Count 1 - supply count. NPP 2 years 1 month with a balance of sentence of 1 year 3 months. The total sentence for Count 1 is 3 years 4 months, to commence 1 year and 8 months after the offender first went into custody.

The total effective sentence is 5 years, with a non-parole period of 3 years 9 months. The offender will become eligible for release to parole on 27 November 2010.

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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