R v Jones - [2019] QDC 79

DISTRICT COURT OF QUEENSLAND

CITATION:

R v Jones [2019] QDC 79

PARTIES:

THE QUEEN

v

LACHLAN SIDNEY JONES

FILE NO/S:

1750/2018

DIVISION:

Criminal

PROCEEDING:

Sentence

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

24 May 2019

DELIVERED AT:

Brisbane

HEARING DATE:

11 April 2019, 8 and 17 May 2019

JUDGE:

Smith DCJA

ORDER:

1.    The defendant is convicted of each count.

2.    On each of counts 1, 2, 3, 4 and 5 the defendant is fined $2,000.00.

3.    The defendant is allowed one month to pay the fines.

4.    If the fines are not paid the matter is referred to the State Penalties Enforcement Registry.

5.    On count 7 the defendant is sentenced to 6 months’ imprisonment.

6.    The sentence of imprisonment is to commence today.

7.    I order the defendant be released forthwith upon giving security by recognizance in the sum of $1,000.00 conditioned that the defendant be of good behaviour for a period of 2 years.

CATCHWORDS:

CRIMINAL LAW- SENTENCE- Appropriate sentence for flying without a licence and making a false document

Civil Aviation Act 1988 (Cth) s 20AB

Civil Aviation Regulations 1988 (Cth) rr 269, 282

Civil Aviation Safety Regulations 1998 (Cth) r 11.055

Commonwealth Criminal Code 1995 (Cth) ss 135, 144.1

Crimes Act 1914 (Cth) ss 4AA, 16A, 16BA, 17A, 19B

Evidence Act 1977 (Q) s 132C

Alam v R [2015] VSCA 48

Commissioner of Taxation v Baffsky (2001) 122 A Crim R 568

DPP v Gruhl [1998] SASC 6899

Matta v ACCC [2000] FCA 729

Moreland v Snowden [2007] WASC 1378

R v Barany [2018] QCA 137

R v Barton District Court Queensland 19 November 2010

R v Barton District Court Queensland 20 July 2013

R v Crumpton [2016] NSWCCA 261

R v McCormack District Court New South Wales 17 December 2008

R v Moxon [2015] QCA 65

COUNSEL:

Mr J Noud for the crown

Mr J Ribbands for the defendant

SOLICITORS:

Commonwealth Director of Public Prosecutions for the crown

Maitland Lawyers for the defendant

Introduction

The defendant has pleaded guilty to five counts of operating an Australian aircraft without a licence contrary to section 20AB of the Civil Aviation Act 1988 (Cth),[1] one count of making a false commonwealth document contrary to section 144.1 of the Commonwealth Criminal Code 1995 (Cth)[2] and I will take into account pursuant to s 16BA of the Crimes Act 1914 (Cth) one count of providing false or misleading information to the Civil Aviation Safety Authority (CASA) contrary to s 135.1(7) of the Criminal Code 1995 (Cth).[3]
[1]The maximum penalty is imprisonment for two years and/or 120 penalty units ($20,400). At the relevant time a penalty unit was $170 under section 4AA of the Crimes Act 1914 (Cth).
[2]The maximum penalty is imprisonment for 10 years and/or 600 penalty units ($102,000).
[3]The maximum penalty was imprisonment for 5 years and/or 300 penalty units ($51,000).

I take into account the pleas of guilty and reduce the penalties I would have otherwise imposed by reason of the pleas. They show…

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] QDC 79
Case: [2019] QDC 79
Decision Date: 24 May 2019

CaseChat Overview and Summary

The defendant, Jones, was convicted of flying an aircraft without a license and making a false document. The case was heard in the District Court of Queensland. The legal issues for the court to decide included the appropriate sentence for the offenses committed, particularly considering the gravity of flying without a license and the creation of a false document. The court had to balance the need for punishment with the possibility of rehabilitation.

The court considered several precedents and statutory provisions in reaching its decision. It examined the severity of the offenses, the defendant's criminal history, and the likelihood of rehabilitation. The court highlighted the importance of deterring such conduct due to the significant safety risks involved in operating an aircraft without proper qualifications. The court also noted the defendant's cooperation with authorities and his lack of a prior criminal record as mitigating factors.

After weighing these factors, the court decided that a combination of fines and imprisonment was appropriate. For counts 1 through 5, the defendant was fined $2,000 each, with the option to pay over one month or face referral to the State Penalties Enforcement Registry if unpaid. For count 7, the defendant was sentenced to six months' imprisonment, but this was immediately suspended for two years on the condition of good behavior and a recognizance of $1,000. The defendant was also ordered to be released forthwith.

The final orders of the court mandated that the defendant pay the specified fines within one month or face further action by the State Penalties Enforcement Registry. Failure to pay would trigger the enforcement procedures. The suspended sentence on count 7 was to take effect if the defendant violated the conditions of the recognizance within the two-year period. The defendant was to be of good behavior and refrain from any further criminal activity during this time.

Orders

Orders of the court

1. The defendant is convicted of each count.

2. On each of counts 1, 2, 3, 4 and 5 the defendant is fined $2,000.00.

3. The defendant is allowed one month to pay the fines.

4. If the fines are not paid the matter is referred to the State Penalties Enforcement Registry.

5. On count 7 the defendant is sentenced to 6 months’ imprisonment.

6. The sentence of imprisonment is to commence today.

7. I order the defendant be released forthwith upon giving security by recognizance in the sum of $1,000.00 conditioned that the defendant be of good behaviour for a period of 2 years.

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.

CITATION:	R v Jones [2019] QDC 79
PARTIES:	THE QUEEN v LACHLAN SIDNEY JONES
FILE NO/S:	1750/2018
DIVISION:	Criminal
PROCEEDING:	Sentence
ORIGINATING COURT:	District Court at Brisbane
DELIVERED ON:	24 May 2019
DELIVERED AT:	Brisbane
HEARING DATE:	11 April 2019, 8 and 17 May 2019
JUDGE:	Smith DCJA
ORDER:	1. The defendant is convicted of each count. 2. On each of counts 1, 2, 3, 4 and 5 the defendant is fined $2,000.00. 3. The defendant is allowed one month to pay the fines. 4. If the fines are not paid the matter is referred to the State Penalties Enforcement Registry. 5. On count 7 the defendant is sentenced to 6 months’ imprisonment. 6. The sentence of imprisonment is to commence today. 7. I order the defendant be released forthwith upon giving security by recognizance in the sum of $1,000.00 conditioned that the defendant be of good behaviour for a period of 2 years.
CATCHWORDS:	CRIMINAL LAW- SENTENCE- Appropriate sentence for flying without a licence and making a false document Civil Aviation Act 1988 (Cth) s 20AB Civil Aviation Regulations 1988 (Cth) rr 269, 282 Civil Aviation Safety Regulations 1998 (Cth) r 11.055 Commonwealth Criminal Code 1995 (Cth) ss 135, 144.1 Crimes Act 1914 (Cth) ss 4AA, 16A, 16BA, 17A, 19B Evidence Act 1977 (Q) s 132C Alam v R [2015] VSCA 48 Commissioner of Taxation v Baffsky (2001) 122 A Crim R 568 DPP v Gruhl [1998] SASC 6899 Matta v ACCC [2000] FCA 729 Moreland v Snowden [2007] WASC 1378 R v Barany [2018] QCA 137 R v Barton District Court Queensland 19 November 2010 R v Barton District Court Queensland 20 July 2013 R v Crumpton [2016] NSWCCA 261 R v McCormack District Court New South Wales 17 December 2008 R v Moxon [2015] QCA 65
COUNSEL:	Mr J Noud for the crown Mr J Ribbands for the defendant
SOLICITORS:	Commonwealth Director of Public Prosecutions for the crown Maitland Lawyers for the defendant