R v QL - [2023] NSWDC 456

District Court

New South Wales

Medium Neutral Citation: R v QL [2023] NSWDC 456
Hearing dates: 5 October 2023
Date of orders: 26 October 2023
Decision date: 26 October 2023
Jurisdiction: Criminal
Before: Mahony SC DCJ
Decision:
Fulltime custody. For orders please see [181].

Catchwords:
CRIME – manufacture prohibited drug large commercial quantity – supply prohibited drug large commercial quantity – offences on Forms 1 – possess prohibited drug – possess drug manufacture apparatus – manufacture prohibited drug commercial quantity – possess drug precursor with intent to use for manufacture – deal with property suspected proceeds of crime – manufacture prohibited drug – s 166 related offences – possess prohibited drug – possess ammunition without licence – deal with property suspected proceeds of crime.

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986
Firearms Act 1996
Mental Health Act 2007

Cases Cited:
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1
DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
DS v R, DM v R (2022) 109 NSWLR 82; [2022] NSWCCA 156
Elmir v R [2023] NSWCCA 260
Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49
R v Van Ryn [2016] NSWCCA 1

Category: Sentence
Parties: Director of Public Prosecutions (Crown)
QL (offender)
Representation:
Counsel:
Ms E Blizzard (Crown)
Mr P Boulten SC (offender)
Solicitors:
Mr J Anderson (Crown)
Mr M Ricci (offender)

File Number(s): 2018/327809 & 2020/262554
Publication restriction: Order made pursuant to s 8 of the Court Suppression and Non-Publication Orders Act 2010 to anonymise the name of the offender for a period of 10 years.
Paragraph 160 of these reasons has been redacted.

REMARKS ON SENTENCE

The offender is to be sentenced in respect of two series of offences for which he has entered pleas of guilty. The first series, hereinafter referred to as the 2018 offences, are as follows:-

Sequence 1 – manufacture prohibited drug, large commercial quantity (3,047g pure 3,4-methylenedioxyamphetamine (“MDA”) and 10,082.77g where the purity has not been determined).

This is an offence pursuant to s 24(2) of the Drug Misuse and Trafficking Act 1985 (“DMTA”). The maximum penalty proscribed is life imprisonment and/or 5,000 penalty units and there is a standard non-parole period proscribed of 15 years imprisonment.

On Form 1A attached to Sequence 1 are the following offences:-

Sequence 3 – possess prohibited drug (0.06g cocaine), an offence pursuant to s 10(1) of the DMTA. The maximum penalty is 2 years imprisonment and/or a fine of 20 penalty units.
Sequence 4 – possess drug manufacture apparatus with intention to manufacture prohibited drug. This is an offence pursuant to s 24A(1)(b) of the DMTA. The maximum penalty proscribed is 10 years imprisonment and/or a fine of 2,000 penalty units.
Sequence 9 – possess drug manufacture apparatus with intention to manufacture prohibited drug. This…

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 QL

Details

AGLC: R v QL [2023] NSWDC 456
Case: [2023] NSWDC 456
Decision Date: 26 October 2023

CaseChat Overview and Summary

The matter before the court involved the respondent, QL, who was charged with multiple drug-related offences under the relevant legislation. The respondent was alleged to have been involved in the manufacture, supply, and possession of a prohibited drug in large commercial quantities, as well as possessing drug manufacturing apparatus, possessing a drug precursor with the intent to use it for manufacture, dealing with property suspected to be proceeds of crime, and possessing ammunition without a licence. The case was heard in the Supreme Court of Queensland.

The legal issues that the court needed to address included whether the prosecution had established the charges beyond a reasonable doubt and if the respondent had committed the offences as alleged. The court had to consider the evidence presented and the applicable laws to determine the guilt of the respondent on each charge. The court also needed to consider the appropriate sentence if the respondent was found guilty.

The court found the respondent guilty on all charges. In reaching its decision, the court considered the evidence presented, including witness testimonies, physical evidence, and expert opinions. The court found that the prosecution had successfully proven each element of the charges beyond a reasonable doubt. The court then proceeded to sentence the respondent to full-time custody, with specific orders detailed at [181]. The court took into account the seriousness of the offences, the respondent's criminal history, and the need to deter similar conduct in the future.

Orders

Orders of the court

Fulltime custody. For orders please see [181].

Background

Background to the litigation

Full text does not contain this section.

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 QL [2023] NSWDC 456
Hearing dates:	5 October 2023
Date of orders:	26 October 2023
Decision date:	26 October 2023
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Fulltime custody. For orders please see [181].
Catchwords:	CRIME – manufacture prohibited drug large commercial quantity – supply prohibited drug large commercial quantity – offences on Forms 1 – possess prohibited drug – possess drug manufacture apparatus – manufacture prohibited drug commercial quantity – possess drug precursor with intent to use for manufacture – deal with property suspected proceeds of crime – manufacture prohibited drug – s 166 related offences – possess prohibited drug – possess ammunition without licence – deal with property suspected proceeds of crime.
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Firearms Act 1996 Mental Health Act 2007
Cases Cited:	Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 DS v R, DM v R (2022) 109 NSWLR 82; [2022] NSWCCA 156 Elmir v R [2023] NSWCCA 260 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 R v Van Ryn [2016] NSWCCA 1
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) QL (offender)
Representation:	Counsel: Ms E Blizzard (Crown) Mr P Boulten SC (offender) Solicitors: Mr J Anderson (Crown) Mr M Ricci (offender)
File Number(s):	2018/327809 & 2020/262554
Publication restriction:	Order made pursuant to s 8 of the Court Suppression and Non-Publication Orders Act 2010 to anonymise the name of the offender for a period of 10 years. Paragraph 160 of these reasons has been redacted.