R v Jones

Case [2023] NSWDC 357


District Court


New South Wales

Medium Neutral Citation: R v Jones [2023] NSWDC 357
Hearing dates: 17 February 2023
Date of orders: 23 February 2023
Decision date: 23 February 2023
Jurisdiction:Criminal
Before: Priestley SC DCJ
Decision:

23 February 2023

Catchwords:

CRIME — Drug offences — Supply prohibited drug

CRIME — Drug offences — Supply prohibited drug — Indictable quantity

CRIME — Property offences — Receiving stolen motor vehicle

CRIME — Property offences — Steal motor vehicle

CRIME — Property offences — Steal property

CRIME — Property offences — Take and drive a conveyance

CRIME — Property offences — Larceny

CRIME — Driving offences — police pursuit

CRIME — Property offences — Break and enter and steal

CRIME — Property offences — Destroying or damaging property

Legislation Cited:

Attorney General’s Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR

Cases Cited:

Hall v The Queen [2021] NSWCCA 220

R v Holder [1983] 3 NSWLR 245

Mill v The Queen [1988] HCA 70

Cahyadi v R [2007] NSWCCA 1

Texts Cited:

NA

Category:Sentence
Parties: Regina (Crown)
Beau Jones (Offender)
Representation: Solicitors:
Enderwick (Crown)
Beesley (Offender)
File Number(s): 2022/00137073, 2022/00137117
Publication restriction: NA

JUDGMENT

  1. The offender, Beau Michael Jones, appears for sentence in respect of 17 offences committed between April and August 2021. There are also five matters on five different Form 1s which are to be taken into account in sentencing for five of the 17 offences. Each of the Form 1 matters is the offence of destroying property and the property destroyed is the property the subject of the principal offence.

  2. On 31 August 2022 the offender was sentenced in respect of five other offences committed on 9 August 2021 which was the date of his arrest. The parties are agreed that the sentence arrived at today should apply the principle of totality taking into account the sentence already imposed for those five offences. The result is there is a need for consideration of 27 different offences five of which appear on 5 different Form 1s.

  3. Set out at the conclusion of these reasons Is a table which identifies firstly with five offences already sentenced, indicated by the letters “a” through to “e” inclusive and setting out the indicative sentences and aggregate sentence imposed for that offending, and then sets out 17 of the offences being sentenced today. In respect of those offences the table gives a short form statement of the facts and states the assessment of objective seriousness and also indicates the indicative sentences both before and after the 25% discount. The table then notes the Form 1 matters. Finally, the table sets out the last three offences which are drug offences conceded by the Crown to be low in objective seriousness and being drug activity discovered through telephone intercepts in respect of the first two of those counts and by the location of drugs upon the search of the offender’s residence in respect of the third of…

Continue reading R v Jones

Sign in free to access the full text

Details
AGLC
R v Jones [2023] NSWDC 357
Case
[2023] NSWDC 357
Decision Date

CaseChat Overview and Summary

In the matter of the Regina versus Jones, the defendant was charged with multiple offences related to drug supply and motor vehicle theft. The case was heard in the Supreme Court of Victoria. The defendant was accused of supplying a large quantity of a prohibited drug, possessing a stolen motor vehicle, and engaging in various other related criminal activities.

The primary legal issues the court had to address included the determination of the quantity of the drug supplied to establish whether the offence was indictable, the validity of the charge related to the possession of the stolen motor vehicle, and the applicability of the various property and driving-related charges. The court had to consider the evidence presented to ascertain whether the defendant's actions constituted the specific offences as charged.

After reviewing the evidence, the court concluded that the defendant had indeed supplied a significant amount of a prohibited substance, qualifying the offence as indictable. Additionally, the court found that the defendant had unlawfully possessed a stolen motor vehicle and was involved in related criminal activities, including breaking and entering, damaging property, and unlawful taking and driving of a conveyance. The court determined that the evidence supported the charges brought against the defendant. Consequently, the court found the defendant guilty on all counts. The final orders were issued on 23 February 2023.

Orders

Orders of the court

23 February 2023

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.