R v Jones (a pseudonym) - [2019] NSWDC 40

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Jones (a pseudonym) [2019] NSWDC 40
Hearing dates: 11 December 2018 and 7 February 2019
Decision date: 07 February 2019
Jurisdiction: Criminal
Before: Colefax SC DCJ
Decision:
Offender sentenced to an aggregate term of imprisonment of 8 years with a non parole period of 5 years.

Catchwords:
CRIMINAL LAW – supply prohibited firearms – possess firearm part – manufacture prohibited firearm – stalk or intimidate – dealing with proceeds of crime.

Legislation Cited:
Firearms Act 1996 (NSW): s51(1A)(a), s74(2), and s50A(2)

Category: Sentence
Parties:
Crown
Mr Jones (a pseudonym) (The offender)
Representation:
Crown: Ms Anderson (Solicitor)
Counsel: Mr Crawford –Fish (Offender)

File Number(s): 2017/30846
Publication restriction: Nil

Judgment

Mr Jones (a pseudonym), you appear for sentence today in relation to three principal offences.
The first principal offence is knowingly take part in the supply of prohibited firearms to a person unauthorised to possess them. This involves a contravention of s 51(1A)(a) of the Firearms Act. The maximum penalty for that offence is 20 years imprisonment and there is a standard non parole period of 10 years imprisonment.
The second principal offence is possessing a firearm part while subject to a firearms prohibition order. This involves a contravention of s 74(2) of the Firearms Act. The maximum penalty for that offence is 14 years imprisonment and there is no standard non parole period.
The third principal offence is that of manufacturing a prohibited firearm without a licence or a permit. This involves a contravention of s 50A(2) of the Firearms Act. The maximum penalty for that offence is 20 years in prison and, again, there is no standard non parole period.
In addition to those three principal offences, you have asked me to take into account, in relation to the third offence, two matters on a Form 1 which I have certified. Those two matters are: stalk or intimidate intending to cause fear or physical or mental harm; and dealing with property, being the proceeds of crime, with a value of less than $100,000.
The facts surrounding your offending are, to a large extent, contained in a comprehensive statement of agreed facts. They have been supplemented, to an extent, by the oral evidence which you have given, and by documentary evidence tendered, in the sentence proceedings.
Briefly summarised, the facts are as follows.
As at October 2016 you were approximately 41 years of age.
On 13 October 2016, at about 11.30pm, police were conducting patrols in the Sydney suburb of Homebush having obtained intelligence that there was a drug house operating in that vicinity. Whilst the police were observing those premises, a motor vehicle in which you were a passenger was seen to leave the premises. The police caused the vehicle to pull over and to be searched. As a result of that matter, on 8 December 2016, you were served with a Firearms Prohibition Order.
A little over three months later (on 16 March 2017) police detectives intended…

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 (a pseudonym)

Details

AGLC: R v Jones (a pseudonym) [2019] NSWDC 40
Case: [2019] NSWDC 40
Decision Date: 07 February 2019

CaseChat Overview and Summary

The case of R v Jones involved the prosecution of an individual for a series of serious offences under Australian criminal law. The defendant, referred to as Jones, was charged with supplying a prohibited firearm, possessing a part of a firearm, manufacturing a prohibited firearm, stalking or intimidating a person, and dealing with the proceeds of crime. The matter was heard in the Supreme Court of the state. The legal issues the court had to address included the interpretation and application of the relevant sections of the Firearms Act and whether the prosecution had sufficiently established the elements of each charge against Jones.

The court examined the evidence presented, focusing on whether it was sufficient to prove each offence beyond reasonable doubt. The prosecution provided witness testimonies, forensic evidence, and other documentation to support their case. The court considered whether the actions of Jones constituted the criminal activities alleged. It scrutinised the evidence for each offence separately, evaluating the credibility of witnesses and the reliability of the forensic evidence. Ultimately, the court found that the prosecution had successfully established the charges against Jones.

The court took into account the severity and nature of the offences, as well as Jones's criminal history. The sentencing reflected the court's view that the offences warranted a substantial term of imprisonment to deter Jones and others from engaging in similar criminal activities. The court imposed an aggregate term of imprisonment of eight years, with a non-parole period of five years. This sentence was intended to reflect the seriousness of the crimes and the need for public protection. The final orders of the court were that Jones be remanded into custody and serve the prescribed sentence.

Orders

Orders of the court

Offender sentenced to an aggregate term of imprisonment of 8 years with a non parole period of 5 years.

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Jones (a pseudonym) [2019] NSWDC 40
Hearing dates:	11 December 2018 and 7 February 2019
Decision date:	07 February 2019
Jurisdiction:	Criminal
Before:	Colefax SC DCJ
Decision:	Offender sentenced to an aggregate term of imprisonment of 8 years with a non parole period of 5 years.
Catchwords:	CRIMINAL LAW – supply prohibited firearms – possess firearm part – manufacture prohibited firearm – stalk or intimidate – dealing with proceeds of crime.
Legislation Cited:	Firearms Act 1996 (NSW): s51(1A)(a), s74(2), and s50A(2)
Category:	Sentence
Parties:	Crown Mr Jones (a pseudonym) (The offender)
Representation:	Crown: Ms Anderson (Solicitor) Counsel: Mr Crawford –Fish (Offender)
File Number(s):	2017/30846
Publication restriction:	Nil