R v Srna

[2018] ACTSC 337

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Srna

Citation:

[2018] ACTSC 337

Hearing Dates:

16 February 2018, 18 May 2018, 1 August 2018, 23 August 2018, 13 September 2018

DecisionDate:

13 September 2018

Before:

Burns J

Decision:

See [17]-[18]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – trafficking in a trafficable quantity of cannabis – additional offences – plea of guilty – subjective circumstances – objective seriousness – consideration – intensive correction order assessment – not bound by an assessment of unsuitability – reasons given – Crimes (Sentencing) Act 2005 (ACT) s 46D – sentence to be served by way of an intensive correction order

Legislation Cited:

Crimes Act 1900 (ACT) s 114C

Crimes (Sentencing) Act 2005 (ACT) s 46D
Criminal Code 2002 (ACT) s 603(5)
Firearms Act 1996 (ACT) s 249(1)

Parties:

The Queen (Crown)

Sebastian Srna (Offender)

Representation:

Counsel

Mr D Sahu Khan (16 February and 18 May); Ms A Jamieson-Williams (1 August, 23 August and 13 September) (Crown)

Mr A Doig (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Kamy Saeedi (Offender)

File Numbers:

SCC 123 of 2017; SCC 124 of 2017

BURNS J:

1. Mr Srna, you appear before me today for sentence with respect to one charge of trafficking in a trafficable quantity of cannabis. That offence occurred on 5 October 2016. It is an offence contrary to s 603(5) of the Criminal Code 2002 (ACT) and carries a maximum penalty of 10 years’ imprisonment and/or a fine of $150,000. In sentencing you with respect to that offence, you ask that I take into account two offences contained on a list of additional offences. The first such offence is a charge of dealing with the proceeds of crime, contrary to s 114C of the Crimes Act 1900 (ACT), which carries a maximum penalty of two years imprisonment and/or a fine of $30,000. The second such offence is one of unauthorised possession of ammunition which is an offence contrary to s 249(1) of the Firearms Act 1996 (ACT) and carries a maximum penalty of a fine of $1,500. All of these offences, including the offences on the list of additional offences occurred on 5 October 2016.

1. A comprehensive Statement of Facts has been tendered in the proceedings without objection. I will not read the Statement of Facts in its entirety. I do note however that the proceeds of crime charge relates to a sum of $29,230 in cash. The unauthorised possession of ammunition charge relates to 37 rounds of .22 calibre ammunition.

1. A very brief summation of the facts will be sufficient. On 5 October 2016, police were conducting a mobile patrol on Banfield Street in Downer. At that time, they stopped a blue Nissan motor vehicle, driven by you. You were the sole occupant of the vehicle. Police conducted a consensual search of the vehicle and located 938.1 grams of cannabis packed in six clip seal bags in the rear boot of the vehicle,…