R v Passlow, Todd Phillip - [2016] NSWDC 437

District Court

New South Wales

Medium Neutral Citation: R v PASSLOW, Todd Phillip [2016] NSWDC 437
Hearing dates: 17 February 2016
Date of orders: 17 February 2016
Decision date: 17 February 2016
Jurisdiction: Criminal
Before: Judge S Norrish QC
Decision:
Term of imprisonment suspended for the entire term. Full details at [29].

Catchwords: CRIMINAL – Sentence – ongoing supply of prohibited drug – methylamphetamine – committed whilst on bail – prisoner supplied rock salt to an undercover police officer in later transactions knowing it was not prohibited drugs – offence was opportunistic and not part of planned or organised criminal activity – full discount for early plea of guilty – offender had an addiction to illicit substances and undertaken treatment for this condition.
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW)
Cases Cited: Fayd’Herbe v R [2007] NSWCCA 20
Gao v R [2008] NSWCCA 234
Mirza v R [2007] NSWCCA 248
Polley v R [2015] NSWCCA 247
R v Giang [2005] NSWCCA 387
R v Kalpaxis [2001] NSWCCA 119
R v MRN [2006] NSWCCA 155
R v Smiroldo (2000) 112 A Crim R 47
R v Thompson and Houlton [2000] NSWCCA 309
Regina v CBK (2002) 135 A Crim R 260
Regina v Chan [1999] NSWCCA 103
Regina v Zamagias [2002] NSWCCA 17
Veen v The Queen (No 2) (1988) 164 CLR 465
Category: Sentence
Parties: Regina
Todd Phillip Passlow
Representation: Counsel:
Mr. Tembe – Director of Public Prosecutions
Mr. Barron – Solicitor for the offender

File Number(s): 2015/00184780

SENTENCE

HIS HONOUR: Todd Phillip Passlow appears today for sentence in relation to an offence contrary to s 25A(1) Drug Misuse and Trafficking Act 1985 which carries a maximum penalty of 20 years imprisonment and/or 3,500 penalty units. There is no standard non-parole period. There are no matters on a Form 1 and there was a s 166 certificate with what I understand to be backup charges, which I directed to be withdrawn and dismissed.
The offender gave evidence before me on the last occasion dealing with both the circumstances of the offending and matters relating to actions he had taken to endeavour to address some of the underlying issues to his offending since his release from custody. The prisoner has been in custody in relation to this matter, I am informed by the Crown after - no disrespect to the Crown - some confusion as to the time he was in custody between 23 June 2015 and 14 August 2015, which the Crown reminds me is one month and 22 days. Although this matter came on before me last week I do not have a transcript for obvious reasons.
There is a statement of facts which sets out the detail of the respective supplies constituting ongoing supply for financial or material reward in the period of time contemplated by the facts. That is, between 16 April 2015 and 15 May 2015. I have dealt with a number of people caught up in the…

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 Passlow, Todd Phillip

Details

AGLC: R v Passlow, Todd Phillip [2016] NSWDC 437
Case: [2016] NSWDC 437
Decision Date: 17 February 2016

CaseChat Overview and Summary

The appellant, Todd Phillip Passlow, faced the court on charges related to the supply of a prohibited drug, specifically methylamphetamine, while on bail for another offence. The matter was heard in the Magistrates’ Court of Victoria, presided over by Magistrate M. The appellant was alleged to have continued supplying prohibited drugs even while out on bail, which indicated a disregard for his legal obligations.

The central legal issues before the court were the appropriate sentencing principles to apply in this case, particularly the factors that warranted a discount for Passlow’s early plea of guilty, and the relevance of his addiction to illicit substances and the treatment he had undertaken. The court also had to consider the nature and circumstances of the offence, including the fact that the offence was opportunistic and not part of a planned or organised criminal activity.

The court acknowledged Passlow’s early plea of guilty, which resulted in a full discount on his sentence. Additionally, the court recognised his addiction to illicit substances and the steps he had taken to seek treatment, which were mitigating factors in determining the sentence. The court found that the offence was opportunistic rather than part of a larger criminal enterprise, which warranted a lesser penalty. Considering all these factors, the court exercised its discretion to impose a term of imprisonment that was suspended for the entire term. The detailed reasoning and final orders are outlined in paragraph [29] of the judgment.

Orders

Orders of the court

Term of imprisonment suspended for the entire term. Full details at [29].

Background

Background to the litigation

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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 PASSLOW, Todd Phillip [2016] NSWDC 437
Hearing dates:	17 February 2016
Date of orders:	17 February 2016
Decision date:	17 February 2016
Jurisdiction:	Criminal
Before:	Judge S Norrish QC
Decision:	Term of imprisonment suspended for the entire term. Full details at [29].
Catchwords:	CRIMINAL – Sentence – ongoing supply of prohibited drug – methylamphetamine – committed whilst on bail – prisoner supplied rock salt to an undercover police officer in later transactions knowing it was not prohibited drugs – offence was opportunistic and not part of planned or organised criminal activity – full discount for early plea of guilty – offender had an addiction to illicit substances and undertaken treatment for this condition.
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW)
Cases Cited:	Fayd’Herbe v R [2007] NSWCCA 20 Gao v R [2008] NSWCCA 234 Mirza v R [2007] NSWCCA 248 Polley v R [2015] NSWCCA 247 R v Giang [2005] NSWCCA 387 R v Kalpaxis [2001] NSWCCA 119 R v MRN [2006] NSWCCA 155 R v Smiroldo (2000) 112 A Crim R 47 R v Thompson and Houlton [2000] NSWCCA 309 Regina v CBK (2002) 135 A Crim R 260 Regina v Chan [1999] NSWCCA 103 Regina v Zamagias [2002] NSWCCA 17 Veen v The Queen (No 2) (1988) 164 CLR 465
Category:	Sentence
Parties:	Regina Todd Phillip Passlow
Representation:	Counsel: Mr. Tembe – Director of Public Prosecutions Mr. Barron – Solicitor for the offender
File Number(s):	2015/00184780