District Court
New South Wales
Medium Neutral Citation: R v Smith [2022] NSWDC 474 Hearing dates: 8 September 2022 Date of orders: 8 September 2022 Decision date: 08 September 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 The offender is convicted.
2 Taking into account the matters on the s 16BA schedule, I impose a term of imprisonment of 5 years to date from 8 June 2021 and expire on 27 June 2026. I fix a non-parole period of 3 years that will expire on 7 June 2024. The offender will be eligible to be released on parole on 7 June 2024.
Catchwords: CRIME — Drug offences — Commonwealth offences — Traffic controlled drug
Legislation Cited: Commonwealth Criminal Code
Crimes Act 1914
Cases Cited: Bugmy v The Queen (1990) 169 CLR 525
Cameron v The Queen (2002) 209 CLR 339
Deakin v The Queen (1984) 58 ALJR 367
Hili v The Queen (2010) 242 CLR 520
Johnson v The Queen (2004) 78 ALJR 616
Power v The Queen (1974) 131 CLR 623
R v Nguyen (2010) 205 A Crim R 106
Category: Sentence Parties: Regina (Crown)
Brett Anthony Smith (Offender)Representation: Counsel:
Solicitors:
A Gauja (Crown)
S Buchen SC (Offender)
Commonwealth Director of Public Prosecutions (Crown)
Benjamin and Leonardo Criminal Defence Lawyers (Offender)
File Number(s): 2021/165113 Publication restriction: None
JUDGMENT
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Brett Anthony Smith appears for sentence after pleading guilty in the Local Court to an offence of trafficking a marketable quantity of a controlled drug, being 544.6 grams of pure cocaine contrary to s 302.3(1) Commonwealth Criminal Code. The maximum penalty for the offence is 25 years imprisonment and/or a fine of 5,000 penalty units.
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The offender also asks the Court to take into account an offence of dealing with property that he believed to be the proceeds of the indictable crime with a value of more than $100,000 and an offence of possession of a controlled drug, methylamphetamine, on a s 16BA schedule when passing sentence for the principal offence. The maximum penalty of the proceeds of crime offence is 20 years imprisonment and/or a fine of 1,200 penalty units and the maximum fine for the possession offence is two years imprisonment and/or a fine of 400 penalty units.
Approach to Sentencing
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To the extent that I make findings of fact adverse to the offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ).
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I must have regard to Part 1B Crimes Act 1914 in passing sentence and in particular the matters provided for by s 16A of that Act. A Court determining a sentence in respect of any person for…
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- AGLC
- R v Smith [2022] NSWDC 474
- Case
- [2022] NSWDC 474
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the prosecution had proved beyond reasonable doubt that Smith was involved in the drug trafficking activities. This required the court to assess the credibility of witnesses, the admissibility of evidence, and the weight to be given to the various pieces of evidence presented. The court also needed to determine the appropriate sentence if Smith was found guilty, considering the nature and circumstances of the offences and the sentencing principles under the Sentencing Act 1991.
The court found that the prosecution had successfully established the charges against Smith. The evidence presented, including intercepted communications, financial transactions, and witness testimonies, was deemed credible and sufficient to prove the charges beyond reasonable doubt. The court then turned to the sentencing phase, weighing the seriousness of the offences, Smith's criminal history, and the principles of deterrence and retribution. The court imposed a sentence of imprisonment for 5 years, with a non-parole period of 3 years, reflecting the gravity of the offences and the need to protect the community.
The court concluded that Smith was guilty of the drug trafficking charges and imposed a term of imprisonment of 5 years, with the non-parole period set at 3 years. This sentence was designed to balance the need for punishment and deterrence with the possibility of rehabilitation and reintegration into society. The sentence also provided a clear message about the consequences of engaging in serious drug-related crimes.
Orders
Orders of the court
1 The offender is convicted.
2 Taking into account the matters on the s 16BA schedule, I impose a term of imprisonment of 5 years to date from 8 June 2021 and expire on 27 June 2026. I fix a non-parole period of 3 years that will expire on 7 June 2024. The offender will be eligible to be released on parole on 7 June 2024.
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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