R v Ritson - [2024] NSWDC 202

District Court

New South Wales

Medium Neutral Citation: R v Ritson [2024] NSWDC 202
Hearing dates: 11 April 2024
10 May 2024
Date of orders: 10 May 2024
Decision date: 10 May 2024
Jurisdiction: Criminal
Before: Anderson SC DCJ
Decision:
(1) The offender is convicted in relation to both of the matters before the Court.
(2) With respect to the offence of possessing an unregistered firearm, the offender is sentenced to a fixed term of imprisonment of 4 months, commencing 15 February 2022 and expiring 14 June 2022.
(3) With respect to the offence of being involved in a conspiracy to import a commercial quantity of a border-controlled drug, the offender is sentenced to a non parole period of 7 years, commencing 14 March 2022 and expiring 13 March 2029, with an additional term of 3 years and 6 months, expiring 13 September 2032, making a total head sentence of 10 years and 6 months.

Catchwords:
CRIMINAL – sentence – Commonwealth drug importation offence

Legislation Cited:
Criminal Code 1995 (Cth)
Firearms Act 1996 (NSW)
Crimes Act 1914 (Cth)
Judiciary Act 1903 (Cth)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Procedure Act 1986 (NSW)

Cases Cited:
Tyler v Regina; Regina v Chalmers [2007] NSWCCA 247

Category: Sentence
Parties: Commonwealth Director of Public Prosecutions (Crown)
Peter Ritson (Offender)
Representation:
Counsel:
Ms R Suters (Crown)
Ms G Jewison (Offender)
Solicitors:
Commonwealth Director of Public Prosecutions (Crown)
David Leamey Solicitor & Barrister (Offender)tyler

File Number(s): 2022/45040

JUDGMENT

The offender comes before the Court in relation to two matters. The first is a conspiracy to import a commercial quantity of a border‑controlled drug. That is an offence under s 11.5(a) and 307.1(1) of the Criminal Code 1995 (Cth) and carries a maximum penalty of life imprisonment and/or a fine of 7,500 penalty units.
There is a second offence, which is a New South Wales offence, brought pursuant to s 36(1) of the Firearms Act 1996 (NSW) that offence is for the possession of an unregistered firearm. The maximum penalty for that offence is five years imprisonment.
As one offence is a New South Wales offence and the other is a Commonwealth (or Federal) offence there are two parallel sentencing regimes in place. One is governed solely by New South Wales law, being the firearms offence, while the Commonwealth charge applies both Commonwealth law, being the Criminal Code 1995 (Cth) and the Crimes Act 1914 (Cth), and by virtue of s 68 of the Judiciary Act 1903 (Cth), where necessary, it also applies New South Wales law, for example, the Crimes (Sentencing Procedure) Act 1999 (NSW) (“CSPA”) and the Criminal Procedure Act 1986 (NSW) where necessary.
Section 16A(2) of the Crimes Act 1914 (Cth), sets out a range of matters to which a sentencing court is to have regard when imposing its sentence. I will address each of the subsections where it is relevant.

Plea of guilty

The offender entered a plea of guilty in relation to this charge on 7 December 2022…

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 Ritson

Details

AGLC: R v Ritson [2024] NSWDC 202
Case: [2024] NSWDC 202
Decision Date: 10 May 2024

CaseChat Overview and Summary

The parties involved in this case are the Commonwealth and Ritson. Ritson was charged with possessing an unregistered firearm and being involved in a conspiracy to import a commercial quantity of a border-controlled drug. The matter was heard in the Federal Court of Australia.

The court had to determine the appropriate sentence for Ritson in relation to the two offences. The legal issues involved included the severity of the offences, the offender’s criminal history, and the principles of sentencing. The court considered the principles of deterrence, denunciation, and rehabilitation in determining the appropriate sentence.

The court found that the offence of possessing an unregistered firearm was a less serious offence than the offence of being involved in a conspiracy to import a commercial quantity of a border-controlled drug. The court sentenced Ritson to a fixed term of imprisonment of 4 months for the first offence and a non parole period of 7 years, with an additional term of 3 years and 6 months, for the second offence. The court also noted that Ritson had a previous criminal history which was taken into account in determining the sentence.

The final orders of the court were that Ritson is convicted in relation to both of the matters before the Court. With respect to the offence of possessing an unregistered firearm, the offender is sentenced to a fixed term of imprisonment of 4 months, commencing 15 February 2022 and expiring 14 June 2022. With respect to the offence of being involved in a conspiracy to import a commercial quantity of a border-controlled drug, the offender is sentenced to a non parole period of 7 years, commencing 14 March 2022 and expiring 13 March 2029, with an additional term of 3 years and 6 months, expiring 13 September 2032, making a total head sentence of 10 years and 6 months.

Orders

Orders of the court

(1) The offender is convicted in relation to both of the matters before the Court.

(2) With respect to the offence of possessing an unregistered firearm, the offender is sentenced to a fixed term of imprisonment of 4 months, commencing 15 February 2022 and expiring 14 June 2022.

(3) With respect to the offence of being involved in a conspiracy to import a commercial quantity of a border-controlled drug, the offender is sentenced to a non parole period of 7 years, commencing 14 March 2022 and expiring 13 March 2029, with an additional term of 3 years and 6 months, expiring 13 September 2032, making a total head sentence of 10 years and 6 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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Medium Neutral Citation:	R v Ritson [2024] NSWDC 202
Hearing dates:	11 April 2024 10 May 2024
Date of orders:	10 May 2024
Decision date:	10 May 2024
Jurisdiction:	Criminal
Before:	Anderson SC DCJ
Decision:	(1) The offender is convicted in relation to both of the matters before the Court. (2) With respect to the offence of possessing an unregistered firearm, the offender is sentenced to a fixed term of imprisonment of 4 months, commencing 15 February 2022 and expiring 14 June 2022. (3) With respect to the offence of being involved in a conspiracy to import a commercial quantity of a border-controlled drug, the offender is sentenced to a non parole period of 7 years, commencing 14 March 2022 and expiring 13 March 2029, with an additional term of 3 years and 6 months, expiring 13 September 2032, making a total head sentence of 10 years and 6 months.
Catchwords:	CRIMINAL – sentence – Commonwealth drug importation offence
Legislation Cited:	Criminal Code 1995 (Cth) Firearms Act 1996 (NSW) Crimes Act 1914 (Cth) Judiciary Act 1903 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW)
Cases Cited:	Tyler v Regina; Regina v Chalmers [2007] NSWCCA 247
Category:	Sentence
Parties:	Commonwealth Director of Public Prosecutions (Crown) Peter Ritson (Offender)
Representation:	Counsel: Ms R Suters (Crown) Ms G Jewison (Offender) Solicitors: Commonwealth Director of Public Prosecutions (Crown) David Leamey Solicitor & Barrister (Offender)tyler
File Number(s):	2022/45040