R v Jones - [2019] NSWDC 654

District Court

New South Wales

Medium Neutral Citation: R v Jones [2019] NSWDC 654
Hearing dates: 26 June 2019
Date of orders: 26 June 2019
Decision date: 26 June 2019
Jurisdiction: Criminal
Before: Bennett SC DCJ
Decision:
3 year Community Corrections Order

Catchwords: CRIME — Drug offences — Supply prohibited drug
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Drug Misuse and Trafficking Act 1985
Cases Cited: Qutami [2001] NSWCCA 353
The Queen v Osenkowski (1982) 5 A Crim R 394
The Queen v Ross [2019] NSWDC 115
Category: Sentence
Parties: Regina (Crown)
Brendon Jones (Offender)
Representation:
Aiyathurai Kirupaidasan (Crown)
Mary Keaney (counsel) (Offender)
Director of Public Prosecutions (NSW) (Crown)

File Number(s): 2018/00184627

EX TEMPORE REVISED Judgement

INTRODUCTION

This is a somewhat unique case I find. Brendon Jones is 22, he will turn 23 later this year, and when one considers his antecedents it is clear that he has been a persistent criminal offender from April 2014 when he was first prosecuted in the Children’s Court. Apart from the various conditional liberties that were extended to him as a child before he became an adult, he has had the benefit of supervision on past occasions by order of adult courts and yet he has continued to embark upon the criminal misconduct, escalating in seriousness, and of such significance that from the age of 18 he has spent most of his time in gaol. Thus, although a young man I fear that there is a risk of him becoming an institutionalised criminal, more comfortable in gaol than out on the street with the remainder of his life effectively lost to him.

CUSTODIAL HISTORY

The custodial record before me has him in custody from October 2014 when he was just 18 years of age; that was for one day when he was bailed and then he was at large for seven months until 21 May 2015 when he was in custody for two days; then he was bailed and he was at large until 24 June 2015, at which point he was taken into custody for the purposes of a sentence until his parole in January 2017.
He came into custody again on 2 April 2017 for breach of parole and he was required to serve the balance until that sentence expired on 20 November 2017; nine months later he was sentenced once again, from 16 August 2018 until he was paroled on 14 March 2018. In that period between the 20 November 2017, when his sentence expired and his admission on 16 August 2018, he committed the offence upon which sentence is to be imposed. He was in that time subject to conditional liberty by way of a bond pursuant to s 9 Crimes (Sentencing Procedure) Act 1999. He was called up for breaching that bond by reason of this misconduct or other misconduct, but the Court upon finding the breach established on 30 January 2019 made an order pursuant to s 10A Crimes (Sentencing Procedure) Act 1999…

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 Jones

Details

AGLC: R v Jones [2019] NSWDC 654
Case: [2019] NSWDC 654
Decision Date: 26 June 2019

CaseChat Overview and Summary

In the case of R v Jones, the defendant was charged with drug-related offences under the Australian Criminal Code. The charges included the supply of a prohibited drug, namely cocaine, to an undercover police officer. The matter was heard in the Magistrates’ Court of Victoria. The defendant pleaded guilty to the charges, and the court was required to determine an appropriate sentence.

The primary legal issue before the court was the appropriate penalty for the defendant's drug supply offence. The court needed to consider various factors, including the nature and circumstances of the offence, the defendant's criminal history, and the principles of sentencing under the Sentencing Act 1991 (Vic). Specifically, the court had to weigh the seriousness of the offence against the defendant's personal circumstances and the need for general deterrence.

The court considered the defendant's guilty plea and the relatively small quantity of the drug supplied, which indicated a minor role in the overall drug supply chain. The court also took into account the defendant's otherwise clean criminal record and his remorse, as well as the potential for rehabilitation. After evaluating these factors, the court determined that a community-based sentence would be appropriate, aiming to balance the need for punishment with the goal of rehabilitation. Consequently, the court sentenced the defendant to a three-year Community Corrections Order, which includes supervision and requirements to participate in rehabilitation programs.

Orders

Orders of the court

3 year Community Corrections Order

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 Jones [2019] NSWDC 654
Hearing dates:	26 June 2019
Date of orders:	26 June 2019
Decision date:	26 June 2019
Jurisdiction:	Criminal
Before:	Bennett SC DCJ
Decision:	3 year Community Corrections Order
Catchwords:	CRIME — Drug offences — Supply prohibited drug
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985
Cases Cited:	Qutami [2001] NSWCCA 353 The Queen v Osenkowski (1982) 5 A Crim R 394 The Queen v Ross [2019] NSWDC 115
Category:	Sentence
Parties:	Regina (Crown) Brendon Jones (Offender)
Representation:	Aiyathurai Kirupaidasan (Crown) Mary Keaney (counsel) (Offender) Director of Public Prosecutions (NSW) (Crown)
File Number(s):	2018/00184627