District Court
New South Wales
Medium Neutral Citation: R v Stewart [2023] NSWDC 469 Hearing dates: 17 October 2023 Date of orders: 27 October 2023 Decision date: 27 October 2023 Jurisdiction: Criminal Before: Priestley SC DCJ Decision: See [84 – 87]
Catchwords: CRIME — Drug offences — Possess prohibited drug
CRIME — Drug offences — Supply prohibited drug
Legislation Cited: Drug Misuse & Trafficking Act 1985 (NSW)
Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: Mandranis v R [2021] NSWCCA 97
R v Alferlink [2021] NSWDC 473
Hall v The Queen [2021] NSWCCA 220
R v Holder [1983] 3 NSWLR 245
Texts Cited: Attorney General’s Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 per Spigelman CJ.
Category: Principal judgment Parties: Rex (The Crown)
Jason Stewart (The Offender)Representation: Gilson for the Director of the Office of Public Prosecutions
Ramsland solicitor for the Offender
File Number(s): 2022/00108645 Publication restriction: N/A
JUDGMENT
-
Jason Michael Stewart appears for sentence in respect of four offences. In respect of three of those offences there are a total of a further five offences to take into account in accordance with the Form 1 procedure.
-
The charges, their maximum penalty and the relevant Form 1 matter/s are as follows:
The offence under section 25(1) of the Drug Misuse & Trafficking Act (DMTA) of supplying a prohibited drug of more than an indictable quantity but less than a commercial quantity on 10 December 2021, being 9.087 kg of cannabis. The maximum sentence for this offence is 10 years imprisonment. The Form 1 matters for this offence are two further section 25(1) matters of supplying a prohibited drug, in one case of more than the indictable but less than a commercial quantity and in the other, of more than a small but less than an indictable quantity, both on 14 April 2022 and being the drug cannabis; in these reasons this offence will be referred to as Count 1.
The offence under section 193B(3) of the Crimes Act of dealing with proceeds of crime being reckless as to whether it is proceeds of crime and being in this case $12,300. The maximum sentence is 10 years imprisonment. In respect of this offence there is to be taken into account in accordance with the Form 1 procedure two further offences under that same section both occurring on 14 April 2022 and in one case being more than $5000 and in the other less than or equal to $5000. In these reasons this offence will be referred to as Count 2.
The offence under section 25(1) DMTA of supplying a prohibited drug of more than an indictable quantity but less than a commercial quantity being 190.7 g of methylamphetamine on 14…
Continue reading R v Stewart
Sign in free to access the full text
- AGLC
- R v Stewart [2023] NSWDC 469
- Case
- [2023] NSWDC 469
- Decision Date
CaseChat Overview and Summary
The primary legal issues for the court to determine were the sufficiency and reliability of the evidence linking the defendant to the drugs in question. The court had to consider whether the prosecution had proven the elements of possession and supply of a prohibited drug. The court also needed to evaluate the credibility of the witnesses and the chain of custody of the evidence.
In reaching its decision, the court found that the evidence provided by the prosecution was compelling and reliable. The court was satisfied that the prosecution had met its burden of proof, establishing the defendant's possession and supply of the prohibited drug. The court found that the defendant's defence was not credible and that the evidence presented was consistent and corroborated by multiple sources. Consequently, the court found the defendant guilty of both possession and supply of a prohibited drug.
The final orders of the court were detailed in paragraphs 84 to 87 of the judgment. The defendant was sentenced to imprisonment for a term determined by the court, reflecting the seriousness of the offences. The court also ordered that the defendant be subject to a good behaviour bond and other conditions as deemed appropriate.
Orders
Orders of the court
See [84 – 87]
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.