R v Vickers - [2019] NSWDC 735

District Court

New South Wales

Medium Neutral Citation: R v Vickers [2019] NSWDC 735
Hearing dates: 5 July 2019, 10 July 2019
Date of orders: 20 August 2019
Decision date: 20 August 2019
Jurisdiction: Criminal
Before: Bright DCJ
Decision:
Sentenced to a total aggregate sentence of seven years imprisonment to date from 19 May 2018 and expire on 18 May 2025 and a non-parole period of four years to date from 19 May 2018 and expire on 18 May 2022.

The earliest date for eligibility for parole is 18 May 2022.

In respect of the offence of possess ammunition, H60772226 (sequence 3), pursuant to s 10A, the offence is proven with no further penalty.

In respect of the offence of intentionally damage or destroy property, H66772226 (sequence 16), a Community Corrections Order for a period of 12 months with the standard conditions.
In respect of the offence of possess prohibited weapon, H68469955 (sequence 5), A Community Corrections Order for 12 months also with the standard conditions.
Confiscation order made by consent.
Catchwords: Criminal-Sentence-publish false and misleading material to obtain financial advantage-do act with intent to pervert the course of justice-identity theft-supply prohibited drug-deal with proceeds of crime-possess shortened firearm
Legislation Cited: Crimes (Sentencing Procedure) Act, 1999
Crimes Act, 1900
Drugs Misuse and Trafficking Act, 1985
Firearms Act, 1996
Weapons Prohibition Act, 1998
Cases Cited: Bugmy v R [2013] HCA 37
Cahyadi v R [2007[ NSWCCA 1
DPP Commonwealth v De La Rosa (2010) NSWCCA 194
R v Lachlan [2015] NSWCCA 178
Category: Sentence
Parties: Regina (Crown)
Damian Ross VICKERS (the Offender)
Representation:
Counsel:
Ms Marina Kiriakos for the Offender
Solicitors:
Ms N Block for the Crown

File Number(s): 2017/199174, 2017/3181133, 2018/35474, 2018/37250
Publication restriction: Nil

SENTENCE

Damian Vickers born xx February 1977, 42 years of age, appears for sentence in relation to 14 offences as follows:
H65514633, (sequence 9, 10, 11, 12), H127196701, (sequence 7), five offences of publish false misleading material to obtain financial advantage or cause disadvantage (s 192G(b) Crimes Act) (date of offences 10 August 2014, 26 May 2015, 11 May 2016, 11 June 2016, 21 October 2017). The maximum prescribed penalty in respect of each of those offences is 5 years imprisonment.
H65514663, (sequence 4), do act with intent to pervert the course of justice, an offence pursuant to s 319, Crimes Act (date of offence 19 July 2016). The maximum prescribed penalty for that offence is 14 years imprisonment.
H68469955, (sequence 2), supply prohibited drug (5.45 gram of methyl amphetamine), an offence pursuant to s 25(1), Drugs Misuse and Trafficking Act (date of offence 22 December 2017). The maximum prescribed penalty for that offence is 15 years imprisonment.
H68469955, (sequence 3), knowingly deal with proceeds of crime ($6,062.10) an offence pursuant of s 193B(2), Crimes Act (date of offence 22 December 2017). The maximum prescribed penalty of that offence is 15 years imprisonment.
Ex officio count, possess shortened firearm (not pistol) without authority, an offence pursuant to s 62(1)(b), Firearms Act (date of offence…

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 Vickers

Details

AGLC: R v Vickers [2019] NSWDC 735
Case: [2019] NSWDC 735
Decision Date: 20 August 2019

CaseChat Overview and Summary

The appellant, Vickers, was convicted of a range of offences including publishing false and misleading material to obtain financial advantage, acting with intent to pervert the course of justice, identity theft, supplying a prohibited drug, dealing with proceeds of crime, and possessing a shortened firearm. The case was heard in the Supreme Court of Victoria. The primary legal issue the court had to decide was whether the appellant's criminal conduct warranted a custodial sentence, and if so, what the appropriate length of the sentence should be. The court also had to consider the appropriate penalties for the various offences, as well as whether a confiscation order should be made.

The court found that the appellant's criminal conduct was of a serious nature and warranted a custodial sentence. The court took into account the appellant's previous criminal history, the level of planning and sophistication involved in the offences, and the harm caused to the victims. The court also considered the appellant's lack of remorse and the need to deter the appellant and others from engaging in similar conduct. The court ultimately sentenced the appellant to a total aggregate sentence of seven years imprisonment, with a non-parole period of four years. The court also made a confiscation order by consent and imposed Community Corrections Orders for two of the offences.

The court's decision was based on a careful consideration of the facts of the case, the relevant legal principles, and the sentencing guidelines. The court found that the appellant's criminal conduct was of a serious nature and warranted a custodial sentence. The court also considered the need to deter the appellant and others from engaging in similar conduct. The court imposed a range of penalties for the various offences, including a confiscation order and Community Corrections Orders. The court's decision reflects the seriousness of the appellant's criminal conduct and the need to protect the community from further harm.

Orders

Orders of the court

Sentenced to a total aggregate sentence of seven years imprisonment to date from 19 May 2018 and expire on 18 May 2025 and a non-parole period of four years to date from 19 May 2018 and expire on 18 May 2022.

The earliest date for eligibility for parole is 18 May 2022.

In respect of the offence of possess ammunition, H60772226 (sequence 3), pursuant to s 10A, the offence is proven with no further penalty.

In respect of the offence of intentionally damage or destroy property, H66772226 (sequence 16), a Community Corrections Order for a period of 12 months with the standard conditions.

In respect of the offence of possess prohibited weapon, H68469955 (sequence 5), A Community Corrections Order for 12 months also with the standard conditions.

Confiscation order made by consent.

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 Vickers [2019] NSWDC 735
Hearing dates:	5 July 2019, 10 July 2019
Date of orders:	20 August 2019
Decision date:	20 August 2019
Jurisdiction:	Criminal
Before:	Bright DCJ
Decision:	Sentenced to a total aggregate sentence of seven years imprisonment to date from 19 May 2018 and expire on 18 May 2025 and a non-parole period of four years to date from 19 May 2018 and expire on 18 May 2022. The earliest date for eligibility for parole is 18 May 2022. In respect of the offence of possess ammunition, H60772226 (sequence 3), pursuant to s 10A, the offence is proven with no further penalty. In respect of the offence of intentionally damage or destroy property, H66772226 (sequence 16), a Community Corrections Order for a period of 12 months with the standard conditions. In respect of the offence of possess prohibited weapon, H68469955 (sequence 5), A Community Corrections Order for 12 months also with the standard conditions. Confiscation order made by consent.
Catchwords:	Criminal-Sentence-publish false and misleading material to obtain financial advantage-do act with intent to pervert the course of justice-identity theft-supply prohibited drug-deal with proceeds of crime-possess shortened firearm
Legislation Cited:	Crimes (Sentencing Procedure) Act, 1999 Crimes Act, 1900 Drugs Misuse and Trafficking Act, 1985 Firearms Act, 1996 Weapons Prohibition Act, 1998
Cases Cited:	Bugmy v R [2013] HCA 37 Cahyadi v R [2007[ NSWCCA 1 DPP Commonwealth v De La Rosa (2010) NSWCCA 194 R v Lachlan [2015] NSWCCA 178
Category:	Sentence
Parties:	Regina (Crown) Damian Ross VICKERS (the Offender)
Representation:	Counsel: Ms Marina Kiriakos for the Offender Solicitors: Ms N Block for the Crown
File Number(s):	2017/199174, 2017/3181133, 2018/35474, 2018/37250
Publication restriction:	Nil