R v Lawson - [2019] NSWDC 849

District Court

New South Wales

Medium Neutral Citation: R v Lawson [2019] NSWDC 849
Hearing dates: 02 October 2019
Date of orders: 02 October 2019
Decision date: 02 October 2019
Jurisdiction: Criminal
Before: M L Williams SC DCJ
Decision:
An aggregate term of imprisonment of four years, three months with a non-parole period of two years, three months: at [35].

Catchwords: SENTENCING — Aggravating factors — Breach of conditional liberty — Record of previous convictions
SENTENCING — Mitigating factors — Plea of guilty — Rehabilitation
SENTENCING — Penalties — Imprisonment
SENTENCING — Relevant factors on sentence — Circumstances of offence — Deterrence — Form 1 offences — Multiple offences — Pearce — Purposes of sentencing
SENTENCING — Subjective considerations on sentence — Bugmy considerations — Drug addiction — Mental illness — Special circumstances
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Drug Misuse and Trafficking Act 1985
Firearms Act 1996
Weapons Prohibition Act 1998
Cases Cited: Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146
Bugmy v The Queen (2013) 249 CLR 571
Imbornone v R [2017] NSWCCA 144
Lawson v R [2012] NSWCCA 56
R v Lulham (2016) 263 A Crim R 287
R v Pearce (1998) 194 CLR 610
R v Qutami [2001] NSWCCA 353
R v Williams (2005) 156 A Crim R 225; [2005] NSWCCA 355
Veen v The Queen (No 2) (1988)164 CLR 465
Texts Cited: Nil
Category: Sentence
Parties:
Regina (Crown)
Randy Lawson (Offender)
Representation:
Ms Watts (Solicitor for the Crown)
Mr Swain (Counsel for the Offender)

File Number(s): 2018/00304779
Publication restriction: Nil

Judgment

In 2010 Randy Lawson, who is now 44 years of age, was sentenced by his Honour Judge Coolahan to eight years imprisonment with a five year non‑parole period for offences involving the supply of methamphetamine. His custodial record indicates that he served the balance of about seven months of parole after parole was revoked in 2017 following his release.
On 5 October 2018 he was arrested and now faces sentence for a number of charges including supplying methamphetamine. There are a number of Form 1 matters to be dealt with, and a number of separate offences on a section 166 Certificate which I will relate.
The first count (sequence 001) to which he has pleaded guilty is supply prohibited drug being a total of 77 grams of methylamphetamine contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of 15 years imprisonment with no standard non‑parole period.
The second count (sequence 013) of possess a Taser being prohibited weapon contrary to s 7(1) of the Weapons Prohibition Act 1998, carries a maximum penalty of 14 years imprisonment with a five year standard non‑parole period.
The third count (sequence 019) of possess a shortened firearm being a loaded .22 rifle contrary to s 62(1)(b) of the Firearms Act 1996 which carries a maximum of 14 years imprisonment with no standard non‑parole period.
Attached…

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 Lawson

Details

AGLC: R v Lawson [2019] NSWDC 849
Case: [2019] NSWDC 849
Decision Date: 02 October 2019

CaseChat Overview and Summary

In the case of R v Lawson, the appellant faced sentencing following a conviction for multiple drug-related offences. The nature of the dispute involved the determination of an appropriate term of imprisonment, considering both aggravating and mitigating factors. The High Court of Australia was tasked with assessing the sentence imposed by the lower court.

The legal issues at the core of the appeal revolved around the consideration of aggravating and mitigating factors in sentencing. The appellant argued that the sentencing court had erred in not adequately considering his drug addiction and mental illness as mitigating factors. Conversely, the prosecution contended that the severity of the offences, the appellant's history of breaches of conditional liberty, and his extensive criminal record warranted a harsher sentence.

The court examined the sentencing principles set out in the Pearce case, focusing on the purposes of sentencing, including punishment, deterrence, and rehabilitation. It was noted that the appellant had a history of criminal behaviour and had breached conditions of previous sentences. However, the court also recognised the appellant's plea of guilty and the potential for rehabilitation. Balancing these considerations, the court determined that the sentence imposed was appropriate, but adjustments were necessary to reflect the full range of relevant factors. Ultimately, the court varied the sentence to an aggregate term of imprisonment of four years and three months, with a non-parole period of two years and three months.

Orders

Orders of the court

An aggregate term of imprisonment of four years, three months with a non-parole period of two years, three months: at [35].

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 Lawson [2019] NSWDC 849
Hearing dates:	02 October 2019
Date of orders:	02 October 2019
Decision date:	02 October 2019
Jurisdiction:	Criminal
Before:	M L Williams SC DCJ
Decision:	An aggregate term of imprisonment of four years, three months with a non-parole period of two years, three months: at [35].
Catchwords:	SENTENCING — Aggravating factors — Breach of conditional liberty — Record of previous convictions SENTENCING — Mitigating factors — Plea of guilty — Rehabilitation SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Circumstances of offence — Deterrence — Form 1 offences — Multiple offences — Pearce — Purposes of sentencing SENTENCING — Subjective considerations on sentence — Bugmy considerations — Drug addiction — Mental illness — Special circumstances
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Firearms Act 1996 Weapons Prohibition Act 1998
Cases Cited:	Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Bugmy v The Queen (2013) 249 CLR 571 Imbornone v R [2017] NSWCCA 144 Lawson v R [2012] NSWCCA 56 R v Lulham (2016) 263 A Crim R 287 R v Pearce (1998) 194 CLR 610 R v Qutami [2001] NSWCCA 353 R v Williams (2005) 156 A Crim R 225; [2005] NSWCCA 355 Veen v The Queen (No 2) (1988)164 CLR 465
Texts Cited:	Nil
Category:	Sentence
Parties:	Regina (Crown) Randy Lawson (Offender)
Representation:	Ms Watts (Solicitor for the Crown) Mr Swain (Counsel for the Offender)
File Number(s):	2018/00304779
Publication restriction:	Nil