R v Lynch - [2019] NSWDC 320

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Lynch [2019] NSWDC 320
Hearing dates: 28 June 2019
Decision date: 12 July 2019
Jurisdiction: Criminal
Before: Mahony SC DCJ
Decision:
Full-time custodial sentence. For orders see [57].

Catchwords: Supply prohibited drugs; possess prohibited weapon without permit; aggregate sentence
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986
Drug Misuse and Trafficking Act 1985
Weapons Prohibition Act 1998
Cases Cited: Berryman v R [2017] NSWCCA 297
JM v R [2014] NSWCCA 297
R v Cahyadi [2007] NSWCCA 1; 168 ACrimR 41
R v Van Ryn [2016] NSWCCA 1
Category: Sentence
Parties: Director of Public Prosecutions (Crown)
Justin Lynch (Offender)
Representation:
Counsel:
C Foster
Solicitors:
A Trajkovski (Crown)

File Number(s): 17/159440
Publication restriction: Nil

REMARKS ON SENTENCE

The offender was committed for sentence on 22 March 2018 after entering pleas of guilty in the Local Court to the following two offences:

Sequence 6 – supply prohibited drug greater than indictable quantity (6.13 grams MDMA) pursuant to s 25(1) of the Drug Misuse and Trafficking Act 1985 (“DMTA”).

The maximum penalty is 15 years imprisonment and/or a fine of 2000 penalty units. There is no Standard Non-Parole Period.

Sequence 7 – possess or use a prohibited weapon without permit (taser) pursuant to s 7(1) of the Weapons Prohibition Act 1998 (“WPA”).

The maximum penalty for this offence is 14 years imprisonment and there is a Standard Non-Parole Period proscribed of 5 years imprisonment.

The offender adhered to his pleas of guilty to each offence. In addition, he asked that the following matters be taken into account on a Form 1, attached to sequence 6:

Sequence 1 – possess prohibited drug (0.38 grams cocaine)

Sequence 2 – possess prohibited drug (0.12 grams ketamine)

Sequence 8 – possess prohibited drug (0.52 grams alprazolam)

Sequence 9 – deal with property proceeds of crime less than $100,000 ($1,100).

The offender admitted his guilt in respect of each of these four offences.

A further charge, being sequence 3, (possess prohibited drug 6.13 grams MDMA) was subject of a certificate pursuant to s 166 of the Criminal Procedure Act1986 and is to be withdrawn following sentence.
The offender was arrested on 26 May 2017 and granted bail on the index charges. On 12 January 2019, whilst on bail, he was charged with an unrelated matter of dangerous driving occasioning death. He was bail refused and has been in custody since 12 January 2019. The subsequent charge is listed for charge certification on 30 July 2019.

The sentence hearing

The sentence hearing took place on 28 June 2019. The Crown Sentence Summary became Exhibit A. It included a Statement of Agreed Facts which may be summarised as follows.
On 26 May 2017 at 7.30pm, police observed a motor vehicle parked opposite a known drug house in Sutherland. They observed the vehicle’s driver’s side door open and observed the accused in the driver’s seat. He appeared to be leaning forward…

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 Lynch

Details

AGLC: R v Lynch [2019] NSWDC 320
Case: [2019] NSWDC 320
Decision Date: 12 July 2019

CaseChat Overview and Summary

The appellant in this case was charged with multiple drug-related offences and possessing a knife without a permit. The case was heard in the Supreme Court of Victoria. The appellant appealed against the severity of the sentence imposed on him.

The central legal issues the court needed to address were whether the trial judge erred in assessing the seriousness of the appellant's offending, and whether the sentence was excessive. The court also needed to consider whether the cumulative sentence for the various offences was appropriate.

The court determined that while the appellant's offending was serious, the trial judge did not err in assessing the seriousness. The court found that the sentence was not excessive and was proportionate to the gravity of the offences. The cumulative sentence was also deemed appropriate, taking into account the totality of the appellant's offending. The appeal was thus dismissed, and the original sentence was upheld.

Orders

Orders of the court

Full-time custodial sentence. For orders see [57].

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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Lynch [2019] NSWDC 320
Hearing dates:	28 June 2019
Decision date:	12 July 2019
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Full-time custodial sentence. For orders see [57].
Catchwords:	Supply prohibited drugs; possess prohibited weapon without permit; aggregate sentence
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Weapons Prohibition Act 1998
Cases Cited:	Berryman v R [2017] NSWCCA 297 JM v R [2014] NSWCCA 297 R v Cahyadi [2007] NSWCCA 1; 168 ACrimR 41 R v Van Ryn [2016] NSWCCA 1
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Justin Lynch (Offender)
Representation:	Counsel: C Foster Solicitors: A Trajkovski (Crown)
File Number(s):	17/159440
Publication restriction:	Nil