R v MacGregor - [2017] NSWDC 249

District Court

New South Wales

Medium Neutral Citation: R v MacGregor [2017] NSWDC 249
Hearing dates: 3 August 2017
Date of orders: 03 August 2017
Decision date: 03 August 2017
Jurisdiction: Criminal
Before: Neilson DCJ
Decision:
For the offences in relation to the charges of knowingly take part in the manufacture or production of methylamphetamine and knowingly take part in the supply of methlyamphetamine, I set a NPP of 2 years, 6 months, commencing 25/5/15 and expiring 24/11/17. I impose a further period of imprisonment of 2 years to commence upon the expiration of the NPP and expiring 24/11/19. The total sentence is, therefore, 4 years and 6 months comprising the NPP and the balance of the sentence. Form 1 matters taken into account.
For the offence in relation to the charge of resisting a police officer in the execution of his or her duty, I set a period of full-time imprisonment for 1 month, commencing 25/5/15 and expiring 24/6/15.
Catchwords: CRIME – SENTENCE – offences of knowingly take part in manufacture or production of a prohibited drug, knowingly take part in supply of a prohibited drug, and resisting police officer in the execution of his or her duty – history of offending – risk of institutionalisation – effect of positive conduct whilst incarcerated
Legislation Cited: Crimes Act 1900
Drug Misuse and Trafficking Act 1985
Cases Cited: R v MacGregor [2000] NSWCCA 552
Category: Sentence
Parties: Regina (Crown)
Craig Andrew MacGregor (Offender)
Representation:
Counsel:
Mr R Graham (Crown)
Mr D.C. McCallum (Offender)
Solicitors:
Office of the Director of Public Prosecutions (Crown)
Catherine Hunter Solicitor (Offender)

File Number(s): 2015/155478
Publication restriction: Nil

Judgment

HIS HONOUR: Craig Andrew MacGregor stands for sentence as a consequence of having pleaded guilty to three charges. The first is a charge contrary to s 24(1) of the Drug Misuse and Trafficking Act 1985 that carries a maximum penalty of 15 years imprisonment and or a fine of 2,000 penalty units. The formal charge is that on 25 May 2015 at Camperdown he did manufacture or knowingly take part in the manufacture of a prohibited drug, namely, methylamphetamine. There is a further charge pursuant to s 25(1) of the same Act which also attracts the same penalty, that is, 15 years imprisonment and or 2,000 penalty units. The offence there is the possession of an indictable quantity of methylamphetamine, the same amount as is alleged in the manufacturing process, 25 grams of the substance. The third offence is one contrary to s 58 of the Crimes Act 1900, resisting a police officer in the execution of his or her duty, which carries a maximum penalty of five years imprisonment. After the offender was arrested for his drug offences he sought to escape from lawful custody that lead to a short pursuit by police officers and a struggle before he was subdued and handcuffed. There is no suggestion that any member of the constabulary suffered any wound, injury or hurt. There is no charge of assaulting a…

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 MacGregor

Details

AGLC: R v MacGregor [2017] NSWDC 249
Case: [2017] NSWDC 249
Decision Date: 03 August 2017

CaseChat Overview and Summary

The defendant, Mr. MacGregor, faced trial in the Supreme Court of New South Wales for multiple drug-related offences and an incident of resisting a police officer. The charges included knowingly participating in the manufacture and supply of methylamphetamine, as well as resisting a police officer during the execution of their duty. Mr. MacGregor had a history of criminal activity and was considered a high risk of institutionalisation. However, the court acknowledged his positive conduct during his time in custody.

The court was tasked with determining an appropriate sentence that balanced the need for deterrence and denunciation with the potential for rehabilitation. In considering the offences, the court examined Mr. MacGregor's criminal history, the nature and circumstances of the offences, and the impact of his conduct on the community. Additionally, the court assessed the mitigating factor of his positive behaviour while incarcerated. The court had to weigh these factors to arrive at a sentence that was both just and effective.

In delivering the judgment, the court emphasised the seriousness of the drug-related offences and the need to deter such conduct. However, it also recognised the benefit of Mr. MacGregor's rehabilitation efforts during his incarceration. The court set a non-parole period of two and a half years for the drug offences, followed by a further two-year sentence, resulting in a total sentence of four and a half years. For the charge of resisting a police officer, the court imposed a one-month sentence to run concurrently with the other sentences.

The final orders mandated that Mr. MacGregor serve a total of four and a half years in prison, comprising a non-parole period of two and a half years and a balance of two years. The one-month sentence for resisting a police officer was to run concurrently with the main sentence. The court took into account the form 1 matters, which likely included the defendant's plea of guilty and any other relevant mitigating factors.

Orders

Orders of the court

For the offences in relation to the charges of knowingly take part in the manufacture or production of methylamphetamine and knowingly take part in the supply of methlyamphetamine, I set a NPP of 2 years, 6 months, commencing 25/5/15 and expiring 24/11/17. I impose a further period of imprisonment of 2 years to commence upon the expiration of the NPP and expiring 24/11/19. The total sentence is, therefore, 4 years and 6 months comprising the NPP and the balance of the sentence. Form 1 matters taken into account.

For the offence in relation to the charge of resisting a police officer in the execution of his or her duty, I set a period of full-time imprisonment for 1 month, commencing 25/5/15 and expiring 24/6/15.

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 MacGregor [2017] NSWDC 249
Hearing dates:	3 August 2017
Date of orders:	03 August 2017
Decision date:	03 August 2017
Jurisdiction:	Criminal
Before:	Neilson DCJ
Decision:	For the offences in relation to the charges of knowingly take part in the manufacture or production of methylamphetamine and knowingly take part in the supply of methlyamphetamine, I set a NPP of 2 years, 6 months, commencing 25/5/15 and expiring 24/11/17. I impose a further period of imprisonment of 2 years to commence upon the expiration of the NPP and expiring 24/11/19. The total sentence is, therefore, 4 years and 6 months comprising the NPP and the balance of the sentence. Form 1 matters taken into account. For the offence in relation to the charge of resisting a police officer in the execution of his or her duty, I set a period of full-time imprisonment for 1 month, commencing 25/5/15 and expiring 24/6/15.
Catchwords:	CRIME – SENTENCE – offences of knowingly take part in manufacture or production of a prohibited drug, knowingly take part in supply of a prohibited drug, and resisting police officer in the execution of his or her duty – history of offending – risk of institutionalisation – effect of positive conduct whilst incarcerated
Legislation Cited:	Crimes Act 1900 Drug Misuse and Trafficking Act 1985
Cases Cited:	R v MacGregor [2000] NSWCCA 552
Category:	Sentence
Parties:	Regina (Crown) Craig Andrew MacGregor (Offender)
Representation:	Counsel: Mr R Graham (Crown) Mr D.C. McCallum (Offender) Solicitors: Office of the Director of Public Prosecutions (Crown) Catherine Hunter Solicitor (Offender)
File Number(s):	2015/155478
Publication restriction:	Nil