Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Kitson [2019] NSWSC 1109 Hearing dates: 27 August 2019 Date of orders: 28 August 2019 Decision date: 28 August 2019 Jurisdiction: Common Law Before: Payne J Decision: 1. Impose a sentence of imprisonment of 4 years and 6 months commencing on 28 August 2019 and expiring on 27 February 2024.
2. Pursuant to s 19AB of the Crimes Act1914 (Cth), impose a non-parole period of 3 years commencing on 28 August 2019 and expiring on 27 August 2022.
Catchwords: CRIMINAL LAW – sentence – federal offenders – conspiracy to cause loss to the Commonwealth –objective seriousness near the top of the range – significant loss to the Commonwealth – significant degree of planning – persistent course of conduct – early plea of guilty – [redacted] – good prospects of rehabilitation
Legislation Cited: Crimes Act 1914 (Cth), ss 16A, [redacted], 16F, 17A
Criminal Code (Cth), s 135.4(3)
Evidence Act 1995 (NSW), s 191
Cases Cited: Compania General De Tabacos De Filipinas v Collector of Internal Revenue 275 US 87 (1927)
Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45
J Sakovits v R; R Sakovits v R [2014] NSWCCA 109
Kristensen v R [2018] NSWCCA 189
Liles v R (Cth) [2014] NSWCCA 289
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Olbrich v The Queen (1999) 199 CLR 270; [1999] HCA 54
R v Agius; R v Zerafa [2012] NSWSC 978
R v Boughen; R v Cameron [2012] NSWCCA 17
R vHawkins (1989) 45 A Crim R 430
R v Ida Ronen, Nitzan Ronen, Izhar Ronen [2006] NSWCCA 123
R v Issakidis [2018] NSWSC 378
Category: Sentence Parties: Regina (Crown)
Joshua Meredith Kitson (Offender)Representation: Counsel:
Solicitors:
P Neil SC / K Curry (Crown)
M Dennis SC / P Butterfield (Offender)
Commonwealth Director of Public Prosecutions (Crown)
City Legal Solicitors (Offender)
File Number(s): 2018/00216222 Publication restriction: (1) Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) the parts of these reasons for judgment which are marked as redacted on the file copy of the judgment initialled by Payne JA are not to be published (other than to the parties and their legal representatives) until further order of the Court.
(2) Order (1) is made on the ground specified in s 8(1)(c) of the Act.
(3) Pursuant to s 11(2) of the Act, order (1) applies throughout the Commonwealth of Australia.
Judgment – EX TEMPORE
[Amended in accordance with the principles in Bar-Mordecai v Rotman [2000] NSWCA 123 at [194]]
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PAYNE J: Mr Joshua Meredith Kitson has pleaded guilty and appears before me to be sentenced for the following offence pursuant to…
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- AGLC
- Decision restricted [2019] NSWSC 1109
- Case
- [2019] NSWSC 1109
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the determination of an appropriate sentence for Kitson's criminal conduct. The court had to consider various factors, including the objective seriousness of the offence, the degree of planning, the loss caused to the Commonwealth, the defendant's conduct throughout the offence, and his prospects for rehabilitation. The court also had to weigh the mitigating factors such as the early guilty plea.
In arriving at its decision, the court thoroughly examined the nature and extent of the loss caused to the Commonwealth, finding it to be significant. The court also recognised the significant degree of planning that went into the conspiracy, which underscored the objective seriousness of the offence. The persistent nature of Kitson's criminal conduct was another factor the court considered. Despite these aggravating factors, the court acknowledged Kitson's early plea of guilty and his prospects for rehabilitation. After balancing these factors, the court determined that the sentence should reflect the high degree of seriousness of the offence, but also take into account the mitigating factors. The court concluded that the sentence should be near the top of the range, but not the highest, to allow for the potential for rehabilitation.
The court ordered that Kitson be sentenced to a term of imprisonment, with specific details regarding the length of the sentence left to be determined in accordance with the sentencing principles outlined above. The court also noted that parole eligibility would be considered in light of Kitson's rehabilitation prospects and other relevant factors.
Orders
Orders of the court
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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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