R v O'Casy, Angus - [2010] NSWDC 110

CITATION: R v O'Casy, Angus [2010] NSWDC 110

HEARING DATE(S): 15/04/2010 and 19/04/2010

JUDGMENT DATE:
20 April 2010

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Sentence 15 months minimum term. Balance of term of 1 year and 9 months

CATCHWORDS: Criminal Law - Sentencing - Supply Prohibited Drugs - MDMA (Ecstacy) - 700 tablets (175 grams) - purchased 900 tablets for $12K - proposed to sell in Alice Springs - hoping to receive $40 -$50 per tablet - 22gms Cannabis leaf on Form 1 - random roadside breath test - drugs concealed in back pack in car boot - estimate 28 - 140 deals - po0ssession of drugs represents offender graduating from small time supplier to mid-level supplier - on bail at time of offending - possible standard non parole offence - below mid range of seriousness - no actual lsupply - potential for harm not realised at time of arrest - plea of guilty - subjective circumstances reviewed.

CASES CITED: R v Cuthbert [1967] 2 NSWR 329
R v Rushby [1977] 1 NSWLR 597
R v Hayes [1984] 1 NSWLR 740
Lozanovski v The Queen [2009] NSWCCA 123
R v Hearne (2007) 124 AcrR 457
R v Clarke unreported NSWCCA 15 3 90

TEXTS CITED: Drug Law in New South Wales 2nd ed, Zahra et al

PARTIES: Regina
Angus Bartholomew O'Casey

FILE NUMBER(S): 2009/4755

COUNSEL: Crown: G Corr

SOLICITORS: Defence: Mr D Davidge

JUDGMENT

1. In 2006 Angus O’Casey was the victim of a serious assault to his head resulting in skull fractures and damage to his auditory canal and significant psychological problems. On the basis of those injuries O’Casey received $37,000 by way of a victim injuries compensation payment in late October 2008.

2. Some of the money he used to repay debts to his mother and for various doctors’ reports. He bought a PlayStation and other items. He spent monies on himself and others. It is likely he bought a new mobile phone in early December of 2008 and he spent $12,000 purchasing 900 ecstasy tablets for the purpose of selling them in Alice Springs. He said he was wanting forty or fifty dollars for each tablet.

3. On 16 December he was travelling west along the Stuart Highway to Balranald at a speed of ten kilometres over the posted speed limit. He was a passenger. The car was pulled over by police and as events turned out the car was searched. 700 of those 900 tablets were found. He and his mates had used 200 of the tablets the previous weekend.

4. How he was planning to get from Balranald to Alice Springs having come, as I understand it, from the Gosford region is moot. The ecstasy tablets weighed in at 175 grams thereby constituting a commercial quantity. He was arrested and charged with supply commercial quantity of ecstasy, an offence that carries a maximum penalty of twenty years imprisonment and, for a case falling in the middle of the range of objective seriousness, 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 O'Casy, Angus

Details

AGLC: R v O'Casy, Angus [2010] NSWDC 110
Case: [2010] NSWDC 110
Decision Date: 20 April 2010

CaseChat Overview and Summary

The case of R v O'Casy, Angus involved an individual found in possession of a significant quantity of prohibited drugs, namely 700 tablets of MDMA and 22 grams of cannabis leaf. The accused had purchased 900 tablets for $12,000, intending to sell them in Alice Springs. The MDMA tablets were concealed in a backpack in the boot of his car. The court was required to determine an appropriate sentence, taking into account the potential harm that could have been caused if the drugs had been distributed and the offender's circumstances.

The central legal issues addressed by the court were the severity of the offence and the offender's culpability. The court considered the quantity and type of drugs involved, the potential for harm, and the offender's status as a mid-level drug supplier. The court also noted that the offender had been on bail at the time of the offending and that the offence was below the mid-range of seriousness for this type of crime. The potential for harm, however, had not been realised at the time of the arrest.

The court reasoned that the offender had graduated from a small-time supplier to a mid-level supplier, with the intent to make a substantial profit. The potential for harm was significant, given the quantity of drugs involved and the intended market in Alice Springs. However, the court also considered the offender's subjective circumstances, including the fact that no actual supply had occurred, and that the plea of guilty was a mitigating factor. Ultimately, the court determined that a sentence of 15 months, with a minimum term of 15 months and a balance of term of 1 year and 9 months, was appropriate.

The court's final order was for the offender to serve 15 months imprisonment, with a minimum term of 15 months and a balance of term of 1 year and 9 months. This sentence reflected the seriousness of the offence, the potential for harm, and the offender's subjective circumstances.

Orders

Orders of the court

Sentence 15 months minimum term. Balance of term of 1 year and 9 months

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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CITATION:	R v O'Casy, Angus [2010] NSWDC 110
HEARING DATE(S):	15/04/2010 and 19/04/2010
JUDGMENT DATE:	20 April 2010
JURISDICTION:	Criminal
JUDGMENT OF:	Nicholson SC DCJ
DECISION:	Sentence 15 months minimum term. Balance of term of 1 year and 9 months
CATCHWORDS:	Criminal Law - Sentencing - Supply Prohibited Drugs - MDMA (Ecstacy) - 700 tablets (175 grams) - purchased 900 tablets for $12K - proposed to sell in Alice Springs - hoping to receive $40 -$50 per tablet - 22gms Cannabis leaf on Form 1 - random roadside breath test - drugs concealed in back pack in car boot - estimate 28 - 140 deals - po0ssession of drugs represents offender graduating from small time supplier to mid-level supplier - on bail at time of offending - possible standard non parole offence - below mid range of seriousness - no actual lsupply - potential for harm not realised at time of arrest - plea of guilty - subjective circumstances reviewed.
CASES CITED:	R v Cuthbert [1967] 2 NSWR 329 R v Rushby [1977] 1 NSWLR 597 R v Hayes [1984] 1 NSWLR 740 Lozanovski v The Queen [2009] NSWCCA 123 R v Hearne (2007) 124 AcrR 457 R v Clarke unreported NSWCCA 15 3 90
TEXTS CITED:	Drug Law in New South Wales 2nd ed, Zahra et al
PARTIES:	Regina Angus Bartholomew O'Casey
FILE NUMBER(S):	2009/4755
COUNSEL:	Crown: G Corr
SOLICITORS:	Defence: Mr D Davidge