R v Jones

[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…