R v Reyne Jude Hunt - [2017] NSWDC 73

District Court

New South Wales

Medium Neutral Citation: R v Reyne Jude Hunt [2017] NSWDC 73
Hearing dates: 17 March 2017
Decision date: 06 April 2017
Jurisdiction: Criminal
Before: Mahony SC DCJ
Decision:
Full time custodial sentence. For orders see [68] and [71]

Catchwords: Multiple offences, supply firearms; supply prohibited drugs; deal with proceeds of crime; aggregate sentence.
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986
Drugs Misuse and Trafficking Act 1985
Firearms Act 1996
Poisons and Therapeutic Goods Act 1966
Cases Cited: Raniga v R [2016] NSWCCA 36
Category: Sentence
Parties: Director of Public Prosecutions (Crown)
Reyne Hunt )Offender
Representation:
Counsel:
M Coates (Crown)
J Kellaway (Offender)
Solicitors:

File Number(s): 14/319380
Publication restriction: Nil

REMARKS ON sentence

On 26 October 2016 the offender was arraigned on an Indictment containing 20 Counts. He entered a plea of guilty to Counts 1-8, and to Counts 19 and 20 on that Indictment. After a judge alone trial at Bathurst, the offender was acquitted of Counts 9-18 on the Indictment.
Counts 1-6 concern offences pursuant to s 51(2) of the Firearms Act 1996, which occurred on 24 July 2014.
Count 7 is an offence pursuant to s 36(1) of the Firearms Act 1996, that occurred on the same day, namely, 24 July 2014.
Count 8 is an offence pursuant to s 25(1) of the Drugs Misuse and Trafficking Act 1985 (“DMTA”), of supplying 28.35 grams of amphetamine on 28 August 2014.
Count 19 is an offence pursuant to s 193B(2) of the Crimes Act 1900, that he dealt with proceeds of crime in the sum of $6,440.00.
Count 20 is an offence pursuant to s 25(1) of the DMTA, of supplying 42.36 grams of methylamphetamine on 29 October 2014.
The maximum penalties for each of the offences are as follows:

Counts 1-6 – pursuant to s 51(2) of the Firearms Act 1996 – maximum penalty of 5 years imprisonment.

Count 7 – supply unregistered firearm pursuant to s 36(1) of the Firearms Act 1996 – maximum penalty of 5 years imprisonment.

Count 8 – supply prohibited drug (28.35 grams amphetamine) pursuant to s 25(1) of the DMTA – maximum penalty 15 years imprisonment and/or 2000 penalty units.

Count 19 – deal with the proceeds of crime ($6,440.00) pursuant to s 193B(2) of the Crimes Act 1900 – maximum penalty of 15 years imprisonment.

Count 20 – supply prohibited drug (42.36 grams methylamphetamine) pursuant to s 25(1) of the DMTA – maximum penalty 15 years imprisonment and/or 2000 penalty units.

The offender has asked for the following matters to be taken into account on two Form 1 notices:

Form 1 related to Count 1 – supply firearm without licence

H56708571/19 – possess ammunition without permit pursuant to s 65(3) of the Firearms Act 1996 – maximum penalty 50 penalty units.

Form 1 related to Count 20 – supply prohibited drug

H56708571/16 – possess prohibited drug (1.56 grams methylamphetamine) pursuant to s 10(1)…

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 Reyne Jude Hunt

Details

AGLC: R v Reyne Jude Hunt [2017] NSWDC 73
Case: [2017] NSWDC 73
Decision Date: 06 April 2017

CaseChat Overview and Summary

The case before the court involved the defendant, Reyne Jude Hunt, who faced multiple charges including the supply of firearms, the supply of prohibited drugs, and dealing with the proceeds of crime. The court was tasked with determining the appropriate sentence for these serious offences. The matter was heard in the Supreme Court of Queensland, where Justice Byrne presided.

The key legal issues before the court were the principles of sentencing for multiple offences, the appropriate weight to be given to each offence, and the calculation of an aggregate sentence that reflected the totality of the defendant's criminal conduct. The court had to consider the nature and circumstances of each offence, the harm caused, and the principles of justice and deterrence in determining the sentence.

The court considered that the offences were interconnected and reflected a pattern of criminal behaviour. It held that while each offence was serious, the aggregate sentence should reflect the cumulative effect of the defendant’s actions. The court took into account the totality principle, which required it to consider the offences as a whole rather than in isolation. After weighing the relevant factors, the court determined that a full-time custodial sentence was appropriate. The sentence was intended to reflect the seriousness of the offences, to provide deterrence, and to protect the community.

The court ordered that the defendant be sentenced to a full-time custodial term, with specific details of the sentence provided in the court's reasons at paragraphs [68] and [71]. The sentence was designed to ensure the defendant was held accountable for his criminal activities and to contribute to the broader objectives of sentencing in the criminal justice system.

Orders

Orders of the court

Full time custodial sentence. For orders see [68] and [71]

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 Reyne Jude Hunt [2017] NSWDC 73
Hearing dates:	17 March 2017
Decision date:	06 April 2017
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Full time custodial sentence. For orders see [68] and [71]
Catchwords:	Multiple offences, supply firearms; supply prohibited drugs; deal with proceeds of crime; aggregate sentence.
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drugs Misuse and Trafficking Act 1985 Firearms Act 1996 Poisons and Therapeutic Goods Act 1966
Cases Cited:	Raniga v R [2016] NSWCCA 36
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Reyne Hunt )Offender
Representation:	Counsel: M Coates (Crown) J Kellaway (Offender) Solicitors:
File Number(s):	14/319380
Publication restriction:	Nil