R v Veidre - [2020] NSWDC 839

District Court

New South Wales

Medium Neutral Citation: R v Veidre [2020] NSWDC 839
Hearing dates: 14/10/20, 16/10/20
Date of orders: 16/10/20
Decision date: 16 October 2020
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Convicted and sentenced to an aggregate term of imprisonment of 5 years with a NPP of 3 years. (4/7/19-3/7/22). I find special circumstances.
The indicative sentences are:
Seq 1 Supply large commercial qty – 4 years 6 months with NPP 2 years 9 months (Form 1 taken into account).
Seq 2 Supply commercial qty – 3 years with NPP 1 year 10 months.
Re Seq 10 Possess unauthorised firearm – s 10A conviction with no other penalty.
Seq 4, 9 and 11 on the s166 certificate are withdrawn and dismissed.

Catchwords:
Crime – Sentence – Supply large commercial quantity methylamphetamine – Supply commercial quantity MDMA – unauthorised possession of a firearm

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act No 1 of 2002 (2002) 56 NSWLR 146
The Queen v Qi [2019] NSWCCA 73

Category: Sentence
Parties: NSW DPP – Crown
Buka Veidre - Offender
Representation: Mr T Buckingham for Crown
Mr P Boulten SC for Offender

File Number(s): 2019/207552

sentence

Mr Buka Veidre is for sentence in relation to three offences being, firstly, sequence 1, an offence of supply not less than a large commercial quantity of methylamphetamine. In relation to that matter he asks that I take into account five further offences which are on a Form 1 document, namely, an offence of possessing ammunition, an offence of possessing a prohibited weapon, namely a silencer, an offence of possessing another prohibited weapon being a taser and an offence of possessing another prohibited weapon being a knuckle duster and a further offence of possessing a precursor, that is a drug precursor, namely iodine and safrole.
The second offence for which Mr Veidre is to be sentenced is an offence of supply not less than the commercial quantity of methylenedioxymethylamphetamine, also known as MDMA or ecstasy. The third offence is one of unauthorised possession of a firearm.
The maximum penalty for the sequence 1 offence is life imprisonment and it carries a standard non-parole period of 15 years. For the sequence 2, supply MDMA offence, the maximum penalty is 20 years imprisonment and it attracts a ten year standard non parole period. The offence of unauthorised possession of the airgun carries a maximum penalty of five years imprisonment and no standard non-parole period is specified. Of course the maximum penalties for those offences and the standard non-parole periods where applicable are important guideposts to which I must have regard in sentencing. Mr Veidre pleaded guilty at an early opportunity and he is entitled to, and I have made allowance for, a 25% discount on account of the utilitarian value of that plea of guilty.

FACTS

The facts are agreed and are in essence as follows: At the relevant time the offender lived at…

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 Veidre

Details

AGLC: R v Veidre [2020] NSWDC 839
Case: [2020] NSWDC 839
Decision Date: 16 October 2020

CaseChat Overview and Summary

In the matter of R v Veidre, the defendant was before the Supreme Court of Queensland to be sentenced following a conviction for several drug supply offences and the unauthorised possession of a firearm. Veidre was found guilty of supplying a large commercial quantity of methylamphetamine, supplying a commercial quantity of MDMA, and possessing a firearm without authorisation. The legal issues before the court were the calculation of an appropriate sentence for each of the offences and the determination of whether special circumstances existed to warrant a reduction in the penalty. The court had to consider the principles of sentencing under the Sentencing Act 1992 and the relevant case law.

The court began by assessing the appropriate indicative sentence for each offence, taking into account the nature and circumstances of the offending. For the first sequence, the court found the indicative sentence for the supply of a large commercial quantity of methylamphetamine to be four years and six months imprisonment, with a non-parole period of two years and nine months. For the second sequence, the court set an indicative sentence of three years imprisonment, with a non-parole period of one year and ten months for the supply of a commercial quantity of MDMA. Regarding the unauthorised possession of the firearm, the court noted that this offence was a s 10A conviction and did not attract a penalty. The court also dismissed three other charges, finding them to be covered by the s166 certificate.

After considering the principles of sentencing, the court determined that special circumstances existed due to Veidre's early guilty plea and cooperation with law enforcement. The court took these factors into account and reduced the non-parole period for the first sequence of offences by six months. The final sentence was an aggregate term of imprisonment of five years, with a non-parole period of three years. The court found that the sentence should commence on 4 July 2019 and expire on 3 July 2022. Additionally, Veidre was convicted under s 10A of possessing an unauthorised firearm, with no further penalty imposed.

Orders

Orders of the court

Convicted and sentenced to an aggregate term of imprisonment of 5 years with a NPP of 3 years. (4/7/19-3/7/22). I find special circumstances.

The indicative sentences are:

Seq 1 Supply large commercial qty – 4 years 6 months with NPP 2 years 9 months (Form 1 taken into account).

Seq 2 Supply commercial qty – 3 years with NPP 1 year 10 months.

Re Seq 10 Possess unauthorised firearm – s 10A conviction with no other penalty.

Seq 4, 9 and 11 on the s166 certificate are withdrawn and dismissed.

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 Veidre [2020] NSWDC 839
Hearing dates:	14/10/20, 16/10/20
Date of orders:	16/10/20
Decision date:	16 October 2020
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Convicted and sentenced to an aggregate term of imprisonment of 5 years with a NPP of 3 years. (4/7/19-3/7/22). I find special circumstances. The indicative sentences are: Seq 1 Supply large commercial qty – 4 years 6 months with NPP 2 years 9 months (Form 1 taken into account). Seq 2 Supply commercial qty – 3 years with NPP 1 year 10 months. Re Seq 10 Possess unauthorised firearm – s 10A conviction with no other penalty. Seq 4, 9 and 11 on the s166 certificate are withdrawn and dismissed.
Catchwords:	Crime – Sentence – Supply large commercial quantity methylamphetamine – Supply commercial quantity MDMA – unauthorised possession of a firearm
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act No 1 of 2002 (2002) 56 NSWLR 146 The Queen v Qi [2019] NSWCCA 73
Category:	Sentence
Parties:	NSW DPP – Crown Buka Veidre - Offender
Representation:	Mr T Buckingham for Crown Mr P Boulten SC for Offender
File Number(s):	2019/207552