R v Klein - [2020] NSWDC 165

District Court

New South Wales

Medium Neutral Citation: R v Klein [2020] NSWDC 165
Hearing dates: 13, 17 & 20 February 2020
Date of orders: 20 February 2020
Decision date: 20 February 2020
Jurisdiction: Criminal
Before: M L Williams SC DCJ
Decision:
An aggregate term of imprisonment of 10 years with a non-parole period of 6 years: at [38].

Catchwords: CRIME — Drug offences — Manufacture prohibited drug — Commercial quantity — Supply prohibited drug — Commercial quantity
CRIME — Firearms offences — Unauthorised use/possession of firearm — Use/Possess prohibited pistol/firearm — Firearms prohibition orders
SENTENCING — Penalties — Imprisonment
SENTENCING — Aggravating factors — Breach of conditional liberty — Planned or organised criminal activity
SENTENCING — Mitigating factors — Plea of guilty — Rehabilitation — Remorse — Unlikely to re-offend
SENTENCING — Relevant factors on sentence — Deterrence — Form 1 offences — General principles — Multiple offences — Purposes of sentencing
SENTENCING — Sentencing procedure — Use of statistics
SENTENCING — Subjective considerations on sentence — Hardship — Protective custody — Special circumstances
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Drug Misuse and Trafficking Act 1985
Firearms Act 1996
Cases Cited: Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146
Bell v R [2019] NSWCCA 271
El Kheir v R [2019] NSWCCA 288
Greentree v R [2018] NSWCCA 227
R v Astill (No 2) (1992) 64 A Crim R 289
R v Irwin [2019] NSWCCA 133
Texts Cited: Nil
Category: Sentence
Parties:
Regina (Crown)
Martin Klein (Offender)
Representation:
Ms Keay (Crown Prosecutor)
Mr Strickland SC (Counsel for the offender)

File Number(s): 2018/83025; 2018/204202

Judgment

Martin Klein, aged 38, had no serious criminal record before appearing for sentence today. He had a conviction for consorting in 2014 which led to him being on a section 10 bond for two years at the time of the offending in this case. He was also on a section 10 bond for possessing a prohibited drug. He appears for sentence today in relation to the manufacture and possession, for the purposes of supply, of a significant quantity of prohibited drugs, and also a number of related firearm offences.
It is agreed that a period of full-time custody is the only outcome of these proceedings and that a term of imprisonment should commence from the time he was arrested on 14 March 2018 when he was taken into custody.
Mr Klein pleaded guilty, at an early stage attracting a discount of 25% for the utilitarian value of the plea, to the following offences:

H68972279/001, knowingly take part in the manufacture of a large commercial quantity of MDA contrary to s 24(2) of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of life imprisonment, with a standard non-parole period of 15 years;

H68035474/001, of supply a large commercial quantity of MDA, contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty…

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 Klein

Details

AGLC: R v Klein [2020] NSWDC 165
Case: [2020] NSWDC 165
Decision Date: 20 February 2020

CaseChat Overview and Summary

The case of R v Klein involved a defendant charged with multiple drug and firearms offences. The court heard that the defendant had manufactured and supplied a commercial quantity of a prohibited drug, and had also used and possessed a prohibited firearm in breach of a firearms prohibition order. The case was heard in a court of criminal jurisdiction in Australia. The primary legal issues the court needed to address were the appropriate penalties for the offences committed, the consideration of mitigating and aggravating factors, and the appropriate sentence to be imposed.

The court considered the severity of the offences, the defendant's criminal history, and the potential for rehabilitation. The court found that the offences were serious and warranted significant punishment, but also noted the defendant's guilty plea, remorse, and prospects for rehabilitation. The court held that an aggregate term of imprisonment of 10 years with a non-parole period of 6 years was appropriate, taking into account the purposes of sentencing and the need for deterrence.

The court's reasoning was based on a comprehensive analysis of the legal principles and factors relevant to sentencing in cases involving drug and firearms offences. The court also considered the defendant's personal circumstances and the potential for hardship caused by the sentence. The court ultimately determined that the sentence imposed would adequately reflect the seriousness of the offences, while also providing an opportunity for the defendant to rehabilitate and reduce the risk of re-offending.

The final orders of the court were that the defendant be imprisoned for a total of 10 years, with a non-parole period of 6 years. The court's decision provides guidance on the appropriate penalties for drug and firearms offences, and the factors that should be considered in determining an appropriate sentence.

Orders

Orders of the court

An aggregate term of imprisonment of 10 years with a non-parole period of 6 years: at [38].

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Klein [2020] NSWDC 165
Hearing dates:	13, 17 & 20 February 2020
Date of orders:	20 February 2020
Decision date:	20 February 2020
Jurisdiction:	Criminal
Before:	M L Williams SC DCJ
Decision:	An aggregate term of imprisonment of 10 years with a non-parole period of 6 years: at [38].
Catchwords:	CRIME — Drug offences — Manufacture prohibited drug — Commercial quantity — Supply prohibited drug — Commercial quantity CRIME — Firearms offences — Unauthorised use/possession of firearm — Use/Possess prohibited pistol/firearm — Firearms prohibition orders SENTENCING — Penalties — Imprisonment SENTENCING — Aggravating factors — Breach of conditional liberty — Planned or organised criminal activity SENTENCING — Mitigating factors — Plea of guilty — Rehabilitation — Remorse — Unlikely to re-offend SENTENCING — Relevant factors on sentence — Deterrence — Form 1 offences — General principles — Multiple offences — Purposes of sentencing SENTENCING — Sentencing procedure — Use of statistics SENTENCING — Subjective considerations on sentence — Hardship — Protective custody — Special circumstances
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Firearms Act 1996
Cases Cited:	Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Bell v R [2019] NSWCCA 271 El Kheir v R [2019] NSWCCA 288 Greentree v R [2018] NSWCCA 227 R v Astill (No 2) (1992) 64 A Crim R 289 R v Irwin [2019] NSWCCA 133
Texts Cited:	Nil
Category:	Sentence
Parties:	Regina (Crown) Martin Klein (Offender)
Representation:	Ms Keay (Crown Prosecutor) Mr Strickland SC (Counsel for the offender)
File Number(s):	2018/83025; 2018/204202