R v Jin - [2021] NSWDC 755

District Court

New South Wales

Medium Neutral Citation: R v Jin [2021] NSWDC 755
Hearing dates: 5 October 2021 - 6 October 2021
Date of orders: 6 October 2021
Decision date: 06 October 2021
Jurisdiction: Criminal
Before: Neilson DCJ
Decision:
Intensive Corrections Order for 2 years and 330 days (allowing for 26 days of pre-sentence custody)

Catchwords:
CRIME – SENTENCE – Offences under Drug Misuse and Trafficking Act 1985 s 25(2) (supply large commercial quantity of 3,4 MDMA-deemed) and s25(1) (supply 200.6gms cocaine-deemed) - Offender permits those in a drug syndicate to store drugs and paraphernalia in his rented home unit in exchange for drugs to maintain his own addiction – Offending at bottom of range – Prior good character – Successfully undertaking rehabilitation and seeking psychiatric care for mental health problems - In full-time employment – Unlikely to reoffend.

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

Cases Cited:
Imbornone vR [2017] NSWCCA 144
Mandranis v R [2021] NSWCCA 97
Muldrock v R (2011) 244 CLR 120
Ninness v R [2014] NSWCCA 288
R v Kutami [2001] NSWCCA 353

Texts Cited:
Nil

Category: Sentence
Parties: R – Crown
Offender – Allen Jin
Representation: Crown
Simons, M.
Offender
Lloyd, I. Q.C.
Chames, S.

File Number(s): 2020/00065780
Publication restriction: Nil

Judgment

Charges

HIS HONOUR: Allen Jin stands for sentence as a result of having pleaded guilty to two substantive charges. The first charge is one contrary to s 25(2) of the Drug (Misuse and Trafficking) Act 1985. The formal charge is that on 28 February 2020 at Wentworth Point in this State he did supply an amount of prohibited drug, namely 999.5 grams of 3, 4 methylenedioxymethylamphetamine, commonly known as MDMA, being an amount which was not less than the large commercial quantity applicable to that prohibited drug. The second substantive offence is one pursuant to s 25(1) of the Drug (Misuse and Trafficking) Act 1995. The formal charge was that on 28 February 2020 at Wentworth Point in this State he did supply a prohibited drug, namely 200.6 grams of cocaine.

Maximum Penalties

The maximum penalty for the first offence is imprisonment for life and/or a fine of 5,000 penalty units. Parliament has prescribed a standard non‑parole period of 15 years. The maximum penalty for the second offence is imprisonment for 15 years and/or a fine of 2,000 penalty units. There is no standard non‑parole period for that offence.

Form 1

The offender also asks me to take into account when sentencing him for the first offence four further charges. They were: possession of ammunition without a licence, permit, or authority to do so; possession of a prohibited drug, namely 1.1 grams of 3,4 methylenedioxymethylamphetamine, commonly known as MDMA; supplying a prohibited drug in the indictable quantity of 14.6 grams, methylamphetamine; and possessing a proscribed restricted substance 14,091.6 grams of benzocaine. Benzocaine is a numbing agent. It is an ester of a local anaesthetic and is commonly found in cough…

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 Jin

Details

AGLC: R v Jin [2021] NSWDC 755
Case: [2021] NSWDC 755
Decision Date: 06 October 2021

CaseChat Overview and Summary

The case of R v Jin involved a dispute concerning drug supply offences under the Drug Misuse and Trafficking Act 1985. The defendant, Jin, was charged with supplying a large commercial quantity of 3,4 methylenedioxy-N-methylamphetamine (MDMA) and 200.6 grams of cocaine. The dispute arose from Jin's involvement in a drug syndicate, where he permitted the storage of drugs and paraphernalia in his rented home unit in exchange for drugs to maintain his own addiction. The case was heard in a relevant Australian court, which was tasked with determining an appropriate sentence for Jin.

The legal issues before the court were multifaceted, focusing on the appropriate sentencing for Jin's drug supply offences. The court had to consider the nature and extent of Jin's involvement in the drug syndicate, his role in facilitating the storage of drugs and paraphernalia, and the fact that he was at the lower end of the sentencing scale for these offences. Additionally, the court needed to weigh Jin's prior good character, his efforts towards rehabilitation, and his ongoing mental health treatment, along with his full-time employment, which suggested a reduced likelihood of reoffending.

The court deliberated on these factors and concluded that an intensive corrections order was the most suitable sentence for Jin. The court recognised Jin's willingness to undertake rehabilitation and seek psychiatric care, which indicated a genuine effort to address his addiction and mental health issues. The court also considered Jin's employment and the reduced risk of reoffending. Consequently, the court imposed an intensive corrections order for a duration of 2 years and 330 days, taking into account the 26 days of pre-sentence custody Jin had already served.

The court's final orders were that Jin would serve an intensive corrections order for a total of 2 years and 330 days, with credit given for the 26 days of pre-sentence custody already served. This sentence reflected the court's consideration of Jin's involvement in the drug syndicate, his efforts towards rehabilitation, and the mitigating factors presented.

Orders

Orders of the court

Intensive Corrections Order for 2 years and 330 days (allowing for 26 days of pre-sentence custody)

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 Jin [2021] NSWDC 755
Hearing dates:	5 October 2021 - 6 October 2021
Date of orders:	6 October 2021
Decision date:	06 October 2021
Jurisdiction:	Criminal
Before:	Neilson DCJ
Decision:	Intensive Corrections Order for 2 years and 330 days (allowing for 26 days of pre-sentence custody)
Catchwords:	CRIME – SENTENCE – Offences under Drug Misuse and Trafficking Act 1985 s 25(2) (supply large commercial quantity of 3,4 MDMA-deemed) and s25(1) (supply 200.6gms cocaine-deemed) - Offender permits those in a drug syndicate to store drugs and paraphernalia in his rented home unit in exchange for drugs to maintain his own addiction – Offending at bottom of range – Prior good character – Successfully undertaking rehabilitation and seeking psychiatric care for mental health problems - In full-time employment – Unlikely to reoffend.
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW)
Cases Cited:	Imbornone vR [2017] NSWCCA 144 Mandranis v R [2021] NSWCCA 97 Muldrock v R (2011) 244 CLR 120 Ninness v R [2014] NSWCCA 288 R v Kutami [2001] NSWCCA 353
Texts Cited:	Nil
Category:	Sentence
Parties:	R – Crown Offender – Allen Jin
Representation:	Crown Simons, M. Offender Lloyd, I. Q.C. Chames, S.
File Number(s):	2020/00065780
Publication restriction:	Nil