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R v Snounou (No 3)

R v Snounou (No 3)

Case [2024] NSWDC 636 12 July 2024

General and Specific Deterrence

Criminal Law

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District Court

New South Wales

Medium Neutral Citation: R v Snounou (No 3) [2024] NSWDC 636
Hearing dates: 28 March 2024
Date of orders: 12 July 2024
Decision date: 12 July 2024
Jurisdiction: Criminal
Before: Sutherland SC DCJ
Decision:
Aggregate sentence of 10 years imprisonment with a non-parole period of 7 years and 6 months, at [253] to [256].

Catchwords:
CRIME — Drug offences — Possess precursor intending that it be used in the manufacture of a prohibited drug — Offender possessed over 1 tonne of iodine intending it be used in the manufacture of methylamphetamine — Buckets used to store iodine found in clandestine laboratories linked to offender’s company.
SENTENCING — Aggravating factors — Financial gain — Objective seriousness “extremely high” — Quantities of precursors capable of producing “massive” amounts of methylamphetamine on any description and with reference to comparative cases.
SENTENCING — Relevant factors on sentence — Delay — Offender was arrested and charged in 2018 — Offender received further discount for disclosure of evidence that saved court time — Relevance of general and specific deterrence.

Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Act 1914 (Cth)
Crimes Legislation Further Amendment Act 2000 (NSW)p
Drug Misuse and Trafficking Act 1985 (NSW)
Drug Misuse and Trafficking Regulation 2011 (NSW)
Cases Cited: DG v R (No 1) [2023] NSWCCA 320
El Kheir v R [2019] NSWCCA 288
Imbornone v R [2017] NSWCCA 144
Mori v R [2021] NSWCCA 32
R v Campbell; R v Smith [2019] NSWCCA 1
R v Cousins & Anor (2002) 132 A Crim R 444; [2002] NSWCCA 340
R v James [2017] NSWCCA 287
R v Le Serf (1975) 13 SASR 237; (1975) 8 ALR 349
R v Qutami [2001] NSWCCA 353; (2001) 127 A Crim R 369
R v Shi [2004] NSWCCA 135
R v Snounou (No 1) [2023] NSWDC 583
R v Snounou (No 2) [2023] NSWDC 584
R v Walker [2023] NSWCCA 219
Salama v R [2023] NSWCCA 141
Takiari & Anor v R [2009] NSWCCA 84
The Queen v Kilic [2016] HCA 48; (2016) 259 CLR 256
The Queen v Olbrich [1999] HCA 54; (1999) 199 CLR 270
Texts Cited:
Nil

Category: Sentence
Parties: Commonwealth Director of Public Prosecutions (Crown)
Michael Snounou (Offender)
Representation:
Counsel:

D Jordan (Crown)
T Hammond (Offender)

Solicitors:
Commonwealth Director of Public Prosecutions (Crown)
Jamieson Criminal Law (Offender)

File Number(s): 2018/00058199
Publication restriction: Nil

JUDGMENT

Michael Snounou appears for sentence following his entering pleas of guilty with respect to 2 offences of possessing a precursor, iodine, intending that it be used in the manufacture of a prohibited drug, namely methylamphetamine.
These offences arise pursuant to section 24A (1)(a) of the Drug Misuse and Trafficking Act 1985 and each carries a maximum penalty of 10 years imprisonment and/or a pecuniary penalty of $220,000.
Count 1 relates to a possession of the precursor in 2013 and Count 2 relates to a similar offence in 2017.
The offender was initially charged on 22 February 2018.…

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 Snounou (No 3)

Details

AGLC: R v Snounou (No 3) [2024] NSWDC 636
Case: [2024] NSWDC 636
Decision Date: 12 July 2024

CaseChat Overview and Summary

The defendant, Snounou, was charged with possessing over 1 tonne of iodine with the intention that it be used in the manufacture of a prohibited drug. The matter was heard in the Supreme Court of Victoria. The prosecution alleged that Snounou had a significant involvement in the illicit drug trade, specifically in the production of methylamphetamine. Evidence presented included the discovery of buckets containing iodine at clandestine laboratories linked to Snounou’s company.

The court needed to determine the appropriate sentence for Snounou, taking into account both aggravating and relevant factors. The primary legal issue was the assessment of the objective seriousness of the crime, which was considered extremely high due to the large quantities of precursors capable of producing massive amounts of methylamphetamine. The court also considered the financial gain associated with the offence, as well as the relevance of general and specific deterrence in sentencing. Furthermore, the court assessed the delay in bringing the case to trial and the defendant's cooperation in providing evidence that saved court time as mitigating factors.

The court found that the objective seriousness of the offence was exceptionally high, given the large quantities of iodine involved and the potential for substantial harm to the community. The financial gain aspect and the significant role Snounou played in the illicit drug trade were also heavily weighed in aggravation. Despite the mitigating factors of delay and cooperation, the court emphasised the importance of deterrence in such serious drug offences. Ultimately, the court sentenced Snounou to an aggregate term of 10 years imprisonment with a non-parole period of 7 years and 6 months, recognising the gravity of the crime and the need to protect the community.

Orders

Orders of the court

Aggregate sentence of 10 years imprisonment with a non-parole period of 7 years and 6 months, at [253] to [256].

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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Citations

AGLC Citation

R v Snounou (No 3) [2024] NSWDC 636

Cases citing this decision · 0 of 0 shown

No citing cases yet.

Cases cited in this decision · 16 of 16 shown

DG v R (No 1)
[2023] NSWCCA 320 Para 221

…Of course, the decision of the Court of Criminal Appeal in DG v R (No 1) [2023] NSWCCA 320 would preclude the passing of a sentence which was then reduced by the period of time in custody so as to bring the sentence below 3 years.…
R v Snounou (No 2)
[2023] NSWDC 584 Para 48

…is, the possession of the precursor iodine, was rejected. The reasons for such rejection are to be found in the earlier judgment: R v Snounou (No 2) [2023] NSWDC 584.…
R v Snounou (No 1)
[2023] NSWDC 583 Para 47

…d evidence were heard over a number of days in November 2023. The evidence sought to be relied upon by the Crown was rejected: see R v Snounou (No 1) [2023] NSWDC 583. Following the rejection of that evidence, the Crown filed a no-bill discontinuing that particular count.…
R v Walker
[2023] NSWCCA 219 Para 173

…In R v Walker [2023] NSWCCA 219 the Crown appealed against the inadequacy of an aggregate sentence imposed by Judge Flannery at the Port Macquarie sittings of the District Court.…
Salama v R
[2023] NSWCCA 141 Para 157

…Salama v R [2023] NSWCCA 141 was an appeal against the severity of an aggregate sentence of 4 years with a non-parole period of 2 years and 4 months imposed with respect to 2 counts of possessing a precursor intending it to be used in the manufacture of a prohibited drug.…
Mori v The Queen
[2021] NSWCCA 32 Para 187

…In Mori v R [2021] NSWCCA 32, a 29-year-old Canadian National was sentenced with respect to his role with respect to the manufacture of a very substantial large commercial quantity of methylamphetamine, some 33.43 kg in total, the possession of approximately 20 grams of cocaine, and his possession of 4.577kg of phe…
El Kheir v R
[2019] NSWCCA 288 Para 194

…El Kheir v R [2019] NSWCCA 288 involved the possession of precursors which were charged alongside a separate substantive offence involving the manufacture of a large commercial quantity of methylamphetamine.…
R v Campbell; R v Smith
[2019] NSWCCA 1 Para 201

…In R v Campbell; R v Smith [2019] NSWCCA 1, the Court of Criminal Appeal upheld a Crown appeal against the inadequacy of an aggregate sentence where some of the substantive offences had included not insubstantial quantities of precursors which had been located at various premises connected with the offenders inclu…
R v James
[2017] NSWCCA 287 Para 195

…A co-offender, James, ( R v James [2017] NSWCCA 287) had been charged with relation to the manufacture of the same large commercial quantity, but the separate charges of possessing precursors had been placed on Form 1 documents.…
Imbornone v R
[2017] NSWCCA 144 Para 85

…in mind the relevant expertise of the psychologist but note the observations in R v Qutami [2001] NSWCCA 353; (2001) 127 A Crim R 369, Imbornone v R [2017] NSWCCA 144, and the cases following.…
R v Kilic
[2016] HCA 48 Para 65

…trum, I use the term for high end of the spectrum only in the sense that the High Court described it as “properly so-called” in The Queen v Kilic [2016] HCA 48; (2016) 259 CLR 256 at [19]. Having made it clear that a case falling within the description of being in the “worst category” , should be a case deservin…
Takiari v The Queen
[2009] NSWCCA 84 Para 183

…Another matter involving a precursor other than iodine is found in Takiari & Anor v R [2009] NSWCCA 84. The offences derived from an undercover operative organising with the offender and his brother the purchase of 30 cartons of cold and flu tablets which contained pseudoephedrine. Various charges were laid includi…
R v Shi
[2004] NSWCCA 135 Para 232

…In R v Shi [2004] NSWCCA 135, the Court of Criminal Appeal, per Wood CJ at CL, with whom Spigelman CJ and Simpson J agreed, said (at [34]), in upholding a Crown appeal against inadequacy, that:…
R v Cousins
[2002] NSWCCA 340 Para 73

…Shortly after the introduction of the amending legislation, Giles JA, in R v Cousins & Anor (2002) 132 A Crim R 444; [2002] NSWCCA 340, at [34], said: “In making specific provision for the offence in question, the legislature showed by the maximum sentence that a serious view is to be taken of the commission of the…
R v Qutami
[2001] NSWCCA 353 Para 85

…rs advanced through the medium of a third party. I do bear in mind the relevant expertise of the psychologist but note the observations in R v Qutami [2001] NSWCCA 353; (2001) 127 A Crim R 369, Imbornone v R [2017] NSWCCA 144, and the cases following.…
R v Olbrich
[1999] HCA 54 Para 234

…t general descriptions of the level or type of participation must not obscure an assessment of what an offender actually did: see The Queen v Olbrich [1999] HCA 54; (1999) 199 CLR 270.…

Legislation cited in this decision · 6

Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention (from Para 227)
Crimes Act 1900 (ACT)
1 mention (from Para 102)
Crimes Act 1914 (Cth)
1 mention (from Para 115)
Crimes Legislation Further Amendment Act 2000 (NSW)
1 mention
Drug Misuse and Trafficking Act 1985 (NSW)
1 mention (from Para 2)
Firearms Act 1996 (TAS)
1 mention (from Para 3)

Medium Neutral Citation:	R v Snounou (No 3) [2024] NSWDC 636
Hearing dates:	28 March 2024
Date of orders:	12 July 2024
Decision date:	12 July 2024
Jurisdiction:	Criminal
Before:	Sutherland SC DCJ
Decision:	Aggregate sentence of 10 years imprisonment with a non-parole period of 7 years and 6 months, at [253] to [256].
Catchwords:	CRIME — Drug offences — Possess precursor intending that it be used in the manufacture of a prohibited drug — Offender possessed over 1 tonne of iodine intending it be used in the manufacture of methylamphetamine — Buckets used to store iodine found in clandestine laboratories linked to offender’s company. SENTENCING — Aggravating factors — Financial gain — Objective seriousness “extremely high” — Quantities of precursors capable of producing “massive” amounts of methylamphetamine on any description and with reference to comparative cases. SENTENCING — Relevant factors on sentence — Delay — Offender was arrested and charged in 2018 — Offender received further discount for disclosure of evidence that saved court time — Relevance of general and specific deterrence.
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1914 (Cth) Crimes Legislation Further Amendment Act 2000 (NSW)p Drug Misuse and Trafficking Act 1985 (NSW) Drug Misuse and Trafficking Regulation 2011 (NSW)
Cases Cited:	DG v R (No 1) [2023] NSWCCA 320 El Kheir v R [2019] NSWCCA 288 Imbornone v R [2017] NSWCCA 144 Mori v R [2021] NSWCCA 32 R v Campbell; R v Smith [2019] NSWCCA 1 R v Cousins & Anor (2002) 132 A Crim R 444; [2002] NSWCCA 340 R v James [2017] NSWCCA 287 R v Le Serf (1975) 13 SASR 237; (1975) 8 ALR 349 R v Qutami [2001] NSWCCA 353; (2001) 127 A Crim R 369 R v Shi [2004] NSWCCA 135 R v Snounou (No 1) [2023] NSWDC 583 R v Snounou (No 2) [2023] NSWDC 584 R v Walker [2023] NSWCCA 219 Salama v R [2023] NSWCCA 141 Takiari & Anor v R [2009] NSWCCA 84 The Queen v Kilic [2016] HCA 48; (2016) 259 CLR 256 The Queen v Olbrich [1999] HCA 54; (1999) 199 CLR 270
Texts Cited:	Nil
Category:	Sentence
Parties:	Commonwealth Director of Public Prosecutions (Crown) Michael Snounou (Offender)
Representation:	Counsel: D Jordan (Crown) T Hammond (Offender) Solicitors: Commonwealth Director of Public Prosecutions (Crown) Jamieson Criminal Law (Offender)
File Number(s):	2018/00058199
Publication restriction:	Nil