R v Lightfoot - [2023] NSWDC 132

District Court

New South Wales

Medium Neutral Citation: R v Lightfoot [2023] NSWDC 132
Hearing dates: 2 February 2023
Date of orders: 01 May 2023
Decision date: 01 May 2023
Jurisdiction: Criminal
Before: Scotting DCJ
Decision:
1 The offender is convicted and the appropriate discount is 25%.
2 I impose an aggregate term of imprisonment for the Federal offences of 4 years with a non-parole period of 2 years to date from 10 April 2023. The non-parole period will expire on 9 April 2025 and the head sentence will expire on 9 April 2027.
3 I impose an aggregate term of imprisonment for the State offences of 5 years with a non-parole period of 2 years and 6 months to date from 10 April 2024. The non-parole period will expire on 9 October 2026 and the head sentence will expire on 9 April 2029.
4 The total effective term of imprisonment that I have imposed for all of the offences is 6 years with a non-parole period of 3 years and 6 months.
5 The offender will be eligible to be released on parole on 9 October 2026.

Catchwords:
CRIME — Drug offences — Commonwealth offences — Traffic controlled drug
CRIME — Drug offences — Supply prohibited drug

Legislation Cited:
Crimes Act 1900 (NSW)
Crimes Act 1914 (Cth)
Crimes (Sentencing Procedure) Act 1999
Criminal Code Act 1995 (Cth)
Drug Misuse and Trafficking Act 1985 (NSW)

Cases Cited:
Attorney General’s Application under s 37 Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 546
Bugmy v The Queen (1990) 169 CLR 525
Deakin v The Queen (1984) 58 ALJR 367
Hili v The Queen (2010) 242 CLR 520
Johnson v The Queen (2004) 78 ALJR 616
Power v The Queen (1974) 131 CLR 623
R v El Karhani (1990) 21 NSWLR 370
R v Lamella [2014] NSWCCA 122
R v Nguyen (2010) 205 A Crim R 106
R v Olbrich (1999) 199 CLR 270

Category: Sentence
Parties: Rex (Crown)
Richard Lightfoot (Offender)
Representation:
Counsel:
L Fernandez (Crown)
G Brady SC (Offender)
Solicitors:
Commonwealth Director of Public Prosecutions (Crown)
McGirr and Associates (Offender)

File Number(s): 2019/174956
Publication restriction: None

JUDGMENT

Introduction

Richard Lightfoot (the offender) appears for sentence after pleading guilty to the following offences:

Sequence H71385952

Offence

Maximum Penalty and SNPP

1

Supply a large commercial quantity of a prohibited drug, cocaine, contrary to section 25(2) Drug Misuse and Trafficking Act 1985 (NSW)

Imprisonment for life and/or fine of 5,000 penalty units

SNPP – 15 years

2

Supply a large commercial quantity of a prohibited drug, methylone, contrary to section 25(2) Drug Misuse and Trafficking Act 1985 (NSW)

Imprisonment for life and/or fine of 5,000 penalty units

SNPP – 15 years

4

Deal with cash, knowing that it was the proceeds of crime, contrary to section 193B(2) Crimes Act 1900 (NSW)

Imprisonment for 15 years

7

Traffic a marketable quantity of a controlled drug, cocaine, contrary to section 302.3(1) Criminal Code 1995 (Cth)

Imprisonment for 25 years…

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 Lightfoot

Details

AGLC: R v Lightfoot [2023] NSWDC 132
Case: [2023] NSWDC 132
Decision Date: 01 May 2023

CaseChat Overview and Summary

The court heard a case involving the offender, Lightfoot, who was charged with various drug-related offences under both Commonwealth and State laws. Lightfoot was found guilty of trafficking a controlled drug, supplying a prohibited drug, and other related charges. The matter was heard in a court of appropriate jurisdiction, likely the Federal Circuit and Family Court of Australia, given the nature of the charges.

The court had to address several legal issues, primarily concerning the interpretation and application of Commonwealth and State drug laws. Key issues included determining the appropriate discount for the offender's early guilty plea, calculating the appropriate aggregate term of imprisonment, and setting the non-parole periods for both the Federal and State offences. The court also needed to consider the sentencing principles applicable to drug trafficking and supply offences, including the impact of the offender's criminal history and the need for deterrence and rehabilitation.

In reaching its decision, the court applied established sentencing principles and considered the severity of the offences, the offender's criminal history, and the need for public protection. The court accepted a 25% discount for the offender's early guilty plea, which was reflected in the sentencing. For the Federal offences, the court imposed an aggregate term of imprisonment of 4 years with a non-parole period of 2 years. For the State offences, an aggregate term of 5 years was imposed, with a non-parole period of 2 years and 6 months. The total effective term of imprisonment for all offences was set at 6 years, with a non-parole period of 3 years and 6 months. The offender's eligibility for parole was set to commence on 9 October 2026.

The final orders of the court included a conviction for the offender, the specified discount for the early guilty plea, and detailed terms of imprisonment for both the Federal and State offences. The non-parole periods were set to expire on 9 April 2027 for the Federal offences and on 9 October 2026 for the State offences, with the head sentences expiring on 9 April 2029. The offender was to be eligible for parole on 9 October 2026.

Orders

Orders of the court

1 The offender is convicted and the appropriate discount is 25%.

2 I impose an aggregate term of imprisonment for the Federal offences of 4 years with a non-parole period of 2 years to date from 10 April 2023. The non-parole period will expire on 9 April 2025 and the head sentence will expire on 9 April 2027.

3 I impose an aggregate term of imprisonment for the State offences of 5 years with a non-parole period of 2 years and 6 months to date from 10 April 2024. The non-parole period will expire on 9 October 2026 and the head sentence will expire on 9 April 2029.

4 The total effective term of imprisonment that I have imposed for all of the offences is 6 years with a non-parole period of 3 years and 6 months.

5 The offender will be eligible to be released on parole on 9 October 2026.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Lightfoot [2023] NSWDC 132
Hearing dates:	2 February 2023
Date of orders:	01 May 2023
Decision date:	01 May 2023
Jurisdiction:	Criminal
Before:	Scotting DCJ
Decision:	1 The offender is convicted and the appropriate discount is 25%. 2 I impose an aggregate term of imprisonment for the Federal offences of 4 years with a non-parole period of 2 years to date from 10 April 2023. The non-parole period will expire on 9 April 2025 and the head sentence will expire on 9 April 2027. 3 I impose an aggregate term of imprisonment for the State offences of 5 years with a non-parole period of 2 years and 6 months to date from 10 April 2024. The non-parole period will expire on 9 October 2026 and the head sentence will expire on 9 April 2029. 4 The total effective term of imprisonment that I have imposed for all of the offences is 6 years with a non-parole period of 3 years and 6 months. 5 The offender will be eligible to be released on parole on 9 October 2026.
Catchwords:	CRIME — Drug offences — Commonwealth offences — Traffic controlled drug CRIME — Drug offences — Supply prohibited drug
Legislation Cited:	Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Criminal Code Act 1995 (Cth) Drug Misuse and Trafficking Act 1985 (NSW)
Cases Cited:	Attorney General’s Application under s 37 Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 546 Bugmy v The Queen (1990) 169 CLR 525 Deakin v The Queen (1984) 58 ALJR 367 Hili v The Queen (2010) 242 CLR 520 Johnson v The Queen (2004) 78 ALJR 616 Power v The Queen (1974) 131 CLR 623 R v El Karhani (1990) 21 NSWLR 370 R v Lamella [2014] NSWCCA 122 R v Nguyen (2010) 205 A Crim R 106 R v Olbrich (1999) 199 CLR 270
Category:	Sentence
Parties:	Rex (Crown) Richard Lightfoot (Offender)
Representation:	Counsel: L Fernandez (Crown) G Brady SC (Offender) Solicitors: Commonwealth Director of Public Prosecutions (Crown) McGirr and Associates (Offender)
File Number(s):	2019/174956
Publication restriction:	None

Sequence H71385952	Offence	Maximum Penalty and SNPP
1	Supply a large commercial quantity of a prohibited drug, cocaine, contrary to section 25(2) Drug Misuse and Trafficking Act 1985 (NSW)	Imprisonment for life and/or fine of 5,000 penalty units SNPP – 15 years
2	Supply a large commercial quantity of a prohibited drug, methylone, contrary to section 25(2) Drug Misuse and Trafficking Act 1985 (NSW)	Imprisonment for life and/or fine of 5,000 penalty units SNPP – 15 years
4	Deal with cash, knowing that it was the proceeds of crime, contrary to section 193B(2) Crimes Act 1900 (NSW)	Imprisonment for 15 years
7	Traffic a marketable quantity of a controlled drug, cocaine, contrary to section 302.3(1) Criminal Code 1995 (Cth)	Imprisonment for 25 years…