R v McCallum

Case [2020] ACTSC 15

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v McCallum

Citation:

[2020] ACTSC 15

Hearing Dates:

3 September 2019, 7 November 2019 and 28 January 2020

DecisionDate:

28 January 2020

Before:

Murrell CJ

Decision:

The offender is sentenced to imprisonment from 28 January 2020 to 29 October 2022, fully suspended for participation in a drug and alcohol treatment order.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Trafficking in cocaine – Trafficking in cannabis – Possession of prohibited weapons – Money laundering – Outlaw motorcycle gang – Prospects of rehabilitation – Drug and alcohol treatment order

Legislation Cited:

Confiscation of Criminal Assets Act2003 (ACT)

Crimes Act 1900 (ACT) ss 114B, 144C
Crimes (Sentence Administration) Act 2005 (ACT)
Crimes (Sentencing) Act 2005 (ACT) s 12A
CriminalCode 2002 (ACT) ss 602, 603(7)–(8)

Prohibited Weapons Act 1996 (ACT) s 5, sch 1 pts 1.2, 1.4

Cases Cited:

Bui v The Queen [2015] ACTCA 5

R v Bourne [2018] ACTSC 35

R v Bourne [2014] ACTSC 401

Parties:

The Queen (Crown)

Jirawat Marrotnok McCallum (Offender)

Representation:

Counsel

A Williamson / J Hiscox (Crown)

S Whybrow (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

N/A (Offender)

File Number:

SCC 55 of 2019

SCC 340 of 2019

Murrell CJ

Introduction

  1. The offender is to be sentenced for the following offences that were committed on 14 August 2018:

(a)Trafficking in a controlled drug (cocaine), contrary to s 603(7) of the CriminalCode 2002 (ACT) (Criminal Code).  The trafficable quantity for cocaine is six grams.  The maximum penalty for this offence is 10 years’ imprisonment, a fine of $160,000, or both.  For trafficking in a commercial quantity (3 kilograms), the penalty is 25 years’ imprisonment.

(b)Trafficking in cannabis, contrary to s 603(8) of the Criminal Code.  The trafficable quantity of cannabis is 300 grams.  The maximum penalty for this offence is three years’ imprisonment, a $48,000 fine, or both.  For trafficking in a commercial quantity of cannabis (30 kilograms), the maximum penalty is 10 years’ imprisonment. 

(c)Unauthorised possession of a prohibited weapon (an extendable baton, a knuckle duster, and a taser), contrary to s 5 of the Prohibited Weapons Act 1996 (ACT). The maximum penalty for this offence is five years’ imprisonment, a fine of $80,000, or both.

  1. In addition to the principal offences, the offence of money laundering was transferred from the Magistrates Court for sentence. Between 1 July 2016 and 2 July 2019, the offender dealt with money and property, the proceeds of crime, knowing that the money and property was derived or realised directly or indirectly from some form of unlawful activity. This offence is contrary to s 114B of the Crimes Act 1900 (ACT) (Crimes Act) and the maximum penalty is ten years’ imprisonment, a $160,000 fine, or both. 

  1. In relation to the drug matters, I have referred to the commercial quantities and the maximum penalties applicable to the commercial quantities for the purpose of enabling the…

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R v McCallum [2020] ACTSC 15
Case
[2020] ACTSC 15
Decision Date

CaseChat Overview and Summary

In the case of R v McCallum, the offender, McCallum, was convicted of trafficking in cocaine and cannabis, possession of prohibited weapons, and money laundering. McCallum was also found to be a member of an outlaw motorcycle gang. The case was heard in a higher court where the sentencing of the offender was under consideration. The primary legal issue before the court was the determination of an appropriate sentence for McCallum, taking into account the severity of the offences, the offender's prospects of rehabilitation, and the need to provide deterrence and protection to the community.

The court considered several factors in reaching its decision. Firstly, the court noted the gravity of the offences, including the trafficking of significant quantities of drugs, possession of dangerous weapons, and involvement in money laundering activities. Additionally, the court acknowledged McCallum's membership in an outlaw motorcycle gang, which was a relevant factor in assessing the offender's propensity for criminal behaviour. The court also took into account McCallum's prospects of rehabilitation, including his participation in a drug and alcohol treatment order, which was seen as a positive step towards addressing his addiction issues. In determining the sentence, the court balanced the need for punishment and deterrence with the potential for rehabilitation and reintegration into society.

After considering all relevant factors, the court sentenced McCallum to imprisonment from 28 January 2020 to 29 October 2022. However, the sentence was fully suspended, contingent upon McCallum's participation in a drug and alcohol treatment order. This decision reflects the court's belief in McCallum's potential for rehabilitation and its willingness to provide an opportunity for the offender to address underlying issues that contributed to his criminal behaviour. The court's decision also serves as a deterrent to others who may be involved in similar criminal activities.

Orders

Orders of the court

The offender is sentenced to imprisonment from 28 January 2020 to 29 October 2022, fully suspended for participation in a drug and alcohol treatment order.

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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