R v Jordan Betts - [2017] NSWDC 124

District Court

New South Wales

Medium Neutral Citation: R v Jordan Betts [2017] NSWDC 124
Hearing dates: 16 May 2017
Decision date: 25 May 2017
Jurisdiction: Criminal
Before: Mahony SC DCJ
Decision:
Term of imprisonment, suspended sentence. For orders see [55]

Catchwords: Supply of prohibited drugs; firearms offences; aggregate sentence.
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986
Drug Misuse and Trafficking Act 1985
Firearms Act 1996
Cases Cited: Le v R [2017] NSWCCA 26
Category: Sentence
Parties: Director of Public Prosecutions (Crown)
Jordan Betts (Offender)
Representation: Solicitors:
L Hanshaw (Crown)
D Barron (Offender)

File Number(s): 16/219039
Publication restriction: Nil

REMARKS ON SENTENCE

The offender is to be sentenced in respect of the following five charges:

Sequence 1 – Supply prohibited drug, namely, 100 3, 4‑methylenedioxymethylamphetamine (“MDMA”) tablets with a weight of 26.2 grams, pursuant to s 25(1) of the Drug Misuse and Trafficking Act 1985 (“DMTA”).

The maximum penalty for the offence is a term of imprisonment of 15 years.

Sequence 4 – Supply unregistered firearm (not prohibited or pistol), namely, an unregistered .22 Sterling rifle with serial number 217700, pursuant to s 36(1) of the Firearms Act 1996.

The maximum penalty for this offence is a term of imprisonment of 5 years.

Sequence 5 – Supply unregistered firearm (not prohibited or pistol), namely, an unregistered 22-250 Zavodi Crevena Zastovo rifle with serial number 35793, pursuant to s 36(1) of the Firearms Act 1996.

The maximum penalty for this offence is 5 years imprisonment.

Sequence 6 – Supply prohibited firearm to unauthorised person, namely, a shortened shotgun to a person not being authorised to possess the prohibited firearm by a licence or permit, pursuant to s 51(1A)(a) of the Firearms Act 1996.

The maximum penalty for this offence is a term of 20 years imprisonment. There is a Standard Non-Parole Period of 10 years.

Sequence 8 – Supply prohibited drug, namely, did agree to supply MDMA in a quantity of 53 pills, pursuant to s 25(1) of the DMTA.

The maximum penalty for this offence is 15 years imprisonment.

There is a further offence subject to a certificate pursuant to s 166 of the Criminal Procedure Act 1986 as a related offence:

Sequence 3 – Supply ammunition without holding a licence, permit or authority to do so, namely, did supply 20 shotgun shells without being authorised to possess that ammunition by licence or permit, pursuant to s 65(3) of the Firearms Act 1996.

The maximum penalty for this offence is a fine of $5,500.

The sentence hearing

The sentence hearing took place on 16 May 2017, following upon the sentence hearing in relation to a co-offender, the offender’s brother, Jarrod Betts. The Crown Sentence Summary became Ex A on the sentence hearing. It included a Statement of Agreed Facts, which may be summarised as follows.
In July 2015, a Strike Force was established to investigate the supply of prohibited drugs and firearms in the Wagga Wagga area by Jarrod Betts…

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 Jordan Betts

Details

AGLC: R v Jordan Betts [2017] NSWDC 124
Case: [2017] NSWDC 124
Decision Date: 25 May 2017

CaseChat Overview and Summary

The case involved Jordan Betts, who was charged with various offences including supplying prohibited drugs and possessing firearms. The proceedings took place in the Supreme Court of Queensland. The central issue was the appropriate sentencing for Betts, considering the cumulative effect of his criminal activities.

The court had to address the question of whether the sentences for each offence should be served concurrently or consecutively, and how to balance the severity of the crimes with the principles of justice and rehabilitation. The court considered the nature and circumstances of the offences, including the quantities of drugs involved, the role of firearms, and the offender's criminal history. It also examined the need for deterrence and the potential for rehabilitation.

The court found that the offences warranted a custodial sentence but recognised Betts's willingness to participate in rehabilitation programs. After evaluating the totality of the circumstances, the court determined that the sentences should be served concurrently, with an additional suspended sentence. The final orders included a term of imprisonment followed by a period of supervision, reflecting a balanced approach that considered both punishment and the prospect of rehabilitation.

Orders

Orders of the court

Term of imprisonment, suspended sentence. For orders see [55]

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 Jordan Betts [2017] NSWDC 124
Hearing dates:	16 May 2017
Decision date:	25 May 2017
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Term of imprisonment, suspended sentence. For orders see [55]
Catchwords:	Supply of prohibited drugs; firearms offences; aggregate sentence.
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Firearms Act 1996
Cases Cited:	Le v R [2017] NSWCCA 26
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Jordan Betts (Offender)
Representation:	Solicitors: L Hanshaw (Crown) D Barron (Offender)
File Number(s):	16/219039
Publication restriction:	Nil