SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v King |
Citation: | [2017] ACTSC 119 |
Hearing Date: | 16 May 2017 |
DecisionDate: | 24 May 2017 |
Before: | Mossop J |
Decision: | See [65] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – trafficking in a trafficable quantity of cannabis – significant criminal history for similar offences – impact of sentence – effect of a forfeiture order – consideration for assessment for an Intensive Corrections Order – no assessment made for an Intensive Corrections Order – period of imprisonment partially suspended with a Good Behaviour Order – s 34(2) of the Crimes (Sentencing) Act 2005 (ACT) |
Legislation Cited: | Confiscation of Criminal Assets Act 2003 (ACT) Crimes Act 1900 (ACT), s 344 Criminal Code 2002 (ACT), s 603(5) |
Cases Cited: | Bui v The Queen [2015] ACTCA 5 Craft v Diebert [2004] ACTCA 15 R v Tilley (1991) 53 A Crim R 1 |
Texts Cited: | Explanatory Memorandum for the Confiscation of Criminal Assets Bill 2002 |
Parties: | The Queen (Crown) Gregory William King (Defendant) |
Representation: | Counsel Ms P Burgoyne-Scutts (Crown) Mr P Edmonds (Defendant) |
| Solicitors ACT Director of Public Prosecutions (Crown) Canberra Criminal Lawyers (Defendant) | |
File Number: | SCC 86 of 2016 |
MOSSOP J:
Introduction
Gregory William King has pleaded guilty to one count of trafficking in cannabis. The maximum penalty for the offence of trafficking in cannabis contrary to s 603(5) of the Criminal Code 2002 (ACT) is 10 years imprisonment and a fine of $150 000.
On 11 December 2015, police obtained a search warrant for the defendant’s home in Chisholm, ACT, and on 16 December 2015 at approximately 4:15pm, police executed the search warrant.
During the search police located and seized various quantities of cannabis. The total amount of cannabis located and seized from the Mr King’s home was 8.6725kg. That cannabis was spread throughout the house as follows:
(a)A black garbage bag located under a computer desk in the kitchen/dining area contained four vacuum sealed bags of dried cannabis weighing 1.818kg. Located nearby was a silver and black “Salter” brand set of electronic scales and a number of empty clip sealed bags.
(b)In a tall cupboard in the laundry, a shopping bag with 20.6g of cannabis and another bag containing 453.4g of cannabis heads.
(c)In the walk-in wardrobe of the master bedroom, a rice cooker box contained three vacuum sealed bags of dried cannabis weighing 2.676kg. Further, inside a draw in the walk-in wardrobe was a clip sealed bag containing 24.1g of cannabis.
(d)Inside the garage was a black garbage bag containing a tightly compressed garbage bag wrapped in cling wrap, which contained a number of vacuum sealed bags of dried cannabis weighing 3.642kg. Also in the garage was a suitcase which contained traces of cannabis.
(e)Within the garage there was a separate room created using gyprock partitioning. Inside that room was a chest of drawers…
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- AGLC
- R v King [2017] ACTSC 119
- Case
- [2017] ACTSC 119
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CaseChat Overview and Summary
The court examined King's criminal history, which included multiple prior convictions for drug-related offences. The sentencing judge considered the impact of a sentence on King, as well as the necessity of a forfeiture order in light of the substantial quantity of cannabis involved. Furthermore, the court was required to determine whether the lack of an assessment for an Intensive Corrections Order was a significant oversight. The court found that while the defendant's criminal history warranted a robust sentence, the imposition of a period of imprisonment partially suspended with a Good Behaviour Order was appropriate, considering the totality of the circumstances.
The Magistrates Court concluded that despite the absence of an assessment for an Intensive Corrections Order, the sentence imposed was adequate given the facts and circumstances of the case. The court considered the seriousness of the offence and King's history, ultimately deciding that the sentence met the requirements of the Crimes (Sentencing) Act 2005 (ACT). The court made clear that the lack of an assessment for an Intensive Corrections Order did not affect the overall appropriateness of the sentence handed down.
The court ordered that King be imprisoned for a specified term, partially suspended, and subject to a Good Behaviour Order. The forfeiture order was upheld, and no further assessment for an Intensive Corrections Order was deemed necessary. The reasoning behind the sentence was grounded in the need to balance the impact on King with the need to deter future criminal behaviour and protect the community.
Orders
Orders of the court
See [65]
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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