R v LeGros - [2020] NSWDC 733

District Court

New South Wales

Medium Neutral Citation: R v LeGros [2020] NSWDC 733
Hearing dates: 09 October 2020
Date of orders: 09 October 2020
Decision date: 09 October 2020
Jurisdiction: Criminal
Before: Neilson DCJ
Decision:
Sentence – 3 years with release on recognizance on day of sentence, including a condition requiring offender to complete rehabilitation course.

Catchwords:
CRIME – SENTENCE
Attempt to possess a marketable quantity (739.86 grams) of cocaine.
Offender drove from Rosebay to Balgowlah to collect a package from a postal locker – Package had been removed from locker by police – Court asked to take into account a similar crime on a schedule pursuant to s16BA, Crimes Act 1914 (Cth).
Offender in gaol from arrest in 9 October 2019 until granted bail on 15 April 2020, to enter a 1 year full-time rehabilitation programme – Offender made excellent progress with rehabilitation to date of sentence – Had powerful subjective case – 40% discount for guilty plea and assistance.

Legislation Cited:
Crimes Act 1914 (Cth)
Criminal Code (Cth) 1995

Cases Cited:
Brown v R (2013) 228 A Crim R 298
R v Conroy [2020] NSWDC 604
R v Falls [2004] NSWCCA 335
R v Irusta [2000] NSWCCA 391

Category: Sentence
Parties: Regina (Crown)
Ryan LeGros (Offender)
Representation: Cathcart (Crown)
Thangaraj SC (Offender)

File Number(s): 2019/00309070
Publication restriction: Nil.

Judgment

HIS HONOUR: Ryan LeGros stands for sentence as a consequence of pleading guilty to a charge that on 26 July 2019 he did attempt to possess a substance, the substance having been unlawfully imported, the substance being a border controlled drug, namely cocaine, and the quantity possessed being the marketable quantity. That is an offence contrary to s 307.6(1) in combination with s 11.1(1) of Criminal Code (Cth). The maximum penalty for the offence is imprisonment for 25 years and/or a fine equivalent to 5000 penalty units. The offender asks me to take into account on a schedule pursuant to s 16BA of the Crimes Act 1914, a similar offence committed on 3 August 2019, when he attempted to possess a second marketable quantity of cocaine.

Facts

The primary offence with which I am dealing occurred at the Balgowlah Australia Post Office. The matter which I am to take into account on the schedule occurred at the Chatswood Australia Post Parcel Lockers at Chatswood. A specified parcel locker at the Balgowlah Australia Post Parcel Lockers was registered in the name Keith Knight, and that person provided a telephone number and an email address for himself. On 25 July 2019 a parcel was loaded into the Balgowlah parcel locker to which I have referred. The parcel originated in Germany and was addressed to Keith Knight. On the same day, Australia Post officials removed the parcel and it was given to New South Wales Police officers. They pulled the parcel apart and found it to contain approximately 1 kilogram of a white powder which they believed to be cocaine. It was concealed in the cardboard covers of textbooks.
On…

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 LeGros

Details

AGLC: R v LeGros [2020] NSWDC 733
Case: [2020] NSWDC 733
Decision Date: 09 October 2020

CaseChat Overview and Summary

The appellant, LeGros, was convicted of attempting to possess a large quantity of cocaine, specifically 739.86 grams, which was intended to be collected from a postal locker in Balgowlah. The conviction arose from an incident where the police had already removed the package from the locker, thereby preventing the completion of the offence. The matter was heard in a court of law where the primary legal issue was the determination of an appropriate sentence for the offence, taking into account the offender's background and participation in a rehabilitation program.

The court had to consider various factors in its sentencing, including the nature and circumstances of the offence, the offender's background, and the impact of the rehabilitation program. LeGros had been in custody from the date of his arrest until he was granted bail on the condition that he enter a full-time rehabilitation program. The court recognised the significant progress LeGros had made in the rehabilitation program and noted the substantial discount of 40% applied to the sentence due to the offender's guilty plea and cooperation with authorities. Additionally, the court was required to consider a similar prior conviction under section 16BA of the Crimes Act 1914.

The court ultimately decided that a sentence of three years was appropriate, with the condition that LeGros be released on recognizance on the day of sentencing. The court imposed a condition that LeGros must complete the rehabilitation program as part of his sentence. This decision reflected the court's view that while the offence was serious, the offender's commendable efforts in rehabilitation warranted a more lenient sentence than might otherwise be expected.

Orders

Orders of the court

Sentence – 3 years with release on recognizance on day of sentence, including a condition requiring offender to complete rehabilitation course.

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 LeGros [2020] NSWDC 733
Hearing dates:	09 October 2020
Date of orders:	09 October 2020
Decision date:	09 October 2020
Jurisdiction:	Criminal
Before:	Neilson DCJ
Decision:	Sentence – 3 years with release on recognizance on day of sentence, including a condition requiring offender to complete rehabilitation course.
Catchwords:	CRIME – SENTENCE Attempt to possess a marketable quantity (739.86 grams) of cocaine. Offender drove from Rosebay to Balgowlah to collect a package from a postal locker – Package had been removed from locker by police – Court asked to take into account a similar crime on a schedule pursuant to s16BA, Crimes Act 1914 (Cth). Offender in gaol from arrest in 9 October 2019 until granted bail on 15 April 2020, to enter a 1 year full-time rehabilitation programme – Offender made excellent progress with rehabilitation to date of sentence – Had powerful subjective case – 40% discount for guilty plea and assistance.
Legislation Cited:	Crimes Act 1914 (Cth) Criminal Code (Cth) 1995
Cases Cited:	Brown v R (2013) 228 A Crim R 298 R v Conroy [2020] NSWDC 604 R v Falls [2004] NSWCCA 335 R v Irusta [2000] NSWCCA 391
Category:	Sentence
Parties:	Regina (Crown) Ryan LeGros (Offender)
Representation:	Cathcart (Crown) Thangaraj SC (Offender)
File Number(s):	2019/00309070
Publication restriction:	Nil.