R v Jones

[2024] NSWDC 355

District Court

New South Wales

Medium Neutral Citation:

R v Jones [2024] NSWDC 355

Hearing dates:

27/6/24

Date of orders:

27/6/24

Decision date:

27 June 2024

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Convicted and sentenced to an aggregate term of imprisonment of 3 years 9 months with a NPP of 2 years 2 months (29/7/23-28/9/25).

I find special circumstances.

Taking into account a 25 percent discount for the pleas, the indicative sentences are:

Seq 1 KTP manufacture large comm qty – 3 years 6 months with NPP 2 years (Form 1 taken into account).

Seq 6 Not store firearms safely – 4 months

Seq 7 Assault police – 3 months

Seq 14 Possess prohibited firearm – 15 months

Catchwords:

Crime – Sentence – Knowingly take part in manufacture of large commercial quantity of methylamphetamine - Firearms

Legislation Cited:

Crimes(SentencingProcedure) Act 1999

Cases Cited:

Lloyd v R [2022] NSWCCA 18

Porter v R [2019] NSWCCA 117

R v Mahmud [2010] NSWCCA 219

Toole v R [2014] NSWCCA 318

Category:

Sentence

Parties:

NSW DPP – Crown
Danny Jones - Offender

Representation:

Ms Romelingh for Crown
Mr Bhutani for Offender

File Number(s):

22/326151

remarks on sentence

1. The offender Mr Danny Jones is for sentence in relation to a number of offences, the most serious being sequence 1 which is an offence of knowingly take part in the manufacture of a large commercial quantity of prohibited drug, namely methamphetamine. The maximum penalty for that offence is life imprisonment, and a standard non-parole period of fifteen years is specified. Furthermore, in relation to that offence he asks that I take into account on a Form 1 document, three other offences being two offences of possessing unregistered firearms and a third offence of failing to notify of firearm safekeeping arrangements and I will take those matters into account.

2. In addition there are three other offences that are the subject of section 166 certificate, on which I am asked to also impose sentence. Those being the sequence 6 offence of failing to take reasonable precautions to ensure firearms were safely kept, which has a maximum penalty of twelve months imprisonment, the sequence 7 offence of assaulting a police officer in the execution of his duty, which on indictment has a maximum penalty of five years imprisonment but in the Local Court is subject to two years maximum and the sequence 14 offence which is one of possessing a prohibited firearm which on indictment carries a 14 year maximum penalty and attracts potentially a four year standard non-parole period, however when dealt with in the Local Court is subject to a two year maximum. Of course in dealing with the matters on the 166 certificate I am aware that those matters are subject to the jurisdictional limit of two years by which I am also bound.

3. The maximum penalties and where applicable, which is essentially in relation to the sequence 1 offence, the standard non-parole period are of course important guide posts in the sentencing…