R v Williams - [2022] NSWDC 189

District Court

New South Wales

Medium Neutral Citation: R v Williams [2022] NSWDC 189
Hearing dates: 26 May 2022
Date of orders: 07 June 2022
Decision date: 07 June 2022
Jurisdiction: Criminal
Before: Priestley SC DCJ
Decision:
(1)   Of the offences stated on the indictment and on the section 166 certificate the offender is convicted.
(2)   In respect of count 1 and the section 166 certificate matters I impose in each case a Community Correction Order for a term of 2 years to date from today, and with the standard conditions.
(3)   In respect of the remaining eight counts on the indictment, and with the Form 1 matters having been taken into account in relation to count 6, for the reasons set out herein the offender is sentenced to an aggregate term of imprisonment of 7½ years to date from 16 September 2020 and expiring on 15 March 2028, and with a non parole period of 4 years to date from 16 September 2020.

Catchwords:
CRIME — Firearms offences — Unauthorised use/possession of firearm
CRIME — Drug offences — Manufacture prohibited drug
CRIME — Drug offences — Cultivate prohibited plant
CRIME — Participate in Criminal Group

Legislation Cited:
Firearms Act
Drug Misuse & Trafficking Act
Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Act 1900 (NSW)

Cases Cited:
Muldrock (2011) 244 CLR 120
Redfern v R [2012] NSWCCA 178
MAK [2006] NSWCCA 381
Mill v The Queen [1988] HCA 70
Cahyadi v R [2007] NSWCCA 1
R v Mangano [2006] NSWCCA 35; (2006) ACrimR 480
R v Cook [2022] NSWDC 157

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: Sentence
Parties: Regina (Crown)
Edward Williams (Offender)
Representation:
Swift Crown Prosecutor for the Director of Public Prosecutions for NSW
Boulten SC Counsel for the Accused
Randall Legal Solicitors for the Accused

File Number(s): 2020/00269638
Publication restriction: Unrestricted

table of contents

Introduction

The facts and objective seriousness

Count 1
Count 2
Count 3
Counts 4-7: background
Count 4
Count 5
Count 6
Count 7
Count 8
Count 9

Form 1 matters

Section 166 certificate matters

Aggravating factors

Subjective case

Sentencing considerations

Purposes of sentencing
Totality
Parity / Comparables
Special circumstances

Determination

Table of indicative sentences

Orders

Judgment

Introduction

Edward Williams, the offender, appears for sentence in respect of 9 offences. Those offences, their maximum penalty, and the standard non parole period, if any, are set out in the following table:

No

Section

Offence

Max Pen

SNPP

1

Firearms Act s7A(1)

Use unauthorised firearm (shotgun)

5 y

No

2

s23(2)(a) DMTA

Knowingly take part in cultivating prohibited plant of LCQ

20 y & or 5000 pu

10

3

Firearms Act s36(1)

Possess unregistered firearm (pistol; 9mm)

14 y

No

4

s24(1) DMTA

Attempt manufacture prohibited drug no less than indictable quantity; 72g meth

15 y & or 2000 pu

No

5

24(1) DMTA

Attempt manufacture prohibited drug no less than indictable quantity; (70g meth)

15…

No	*Section*	*Offence*	*Max Pen*	*SNPP*
1	Firearms Act s7A(1)	Use unauthorised firearm (shotgun)	5 y	No
2	s23(2)(a) DMTA	Knowingly take part in cultivating prohibited plant of LCQ	20 y & or 5000 pu	10
3	Firearms Act s36(1)	Possess unregistered firearm (pistol; 9mm)	14 y	No
4	s24(1) DMTA	Attempt manufacture prohibited drug no less than indictable quantity; 72g meth	15 y & or 2000 pu	No
5	24(1) DMTA	Attempt manufacture prohibited drug no less than indictable quantity; (70g meth)	15…

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 Williams

Details

AGLC: R v Williams [2022] NSWDC 189
Case: [2022] NSWDC 189
Decision Date: 07 June 2022

CaseChat Overview and Summary

The court heard an appeal from the Crown against the sentence imposed on the defendant, Williams, who had been convicted of various firearms, drug, and criminal group participation offences. The court was tasked with reviewing the sentence to determine if it was appropriate and whether it could be increased. The primary legal issue was whether the sentence imposed was manifestly inadequate and whether it was appropriate to increase the sentence in light of the serious nature of the offences.

The court began by noting the seriousness of the offences, which included the unauthorised possession and use of firearms, the manufacture and cultivation of prohibited drugs, and participation in a criminal group. The court found that the sentence imposed was manifestly inadequate given the gravity of the offences and the need to deter and rehabilitate the offender. The court also considered the circumstances of the offences, including the offender’s criminal history, the level of planning and organisation involved, and the impact on the community. The court concluded that a more severe sentence was necessary to achieve the purposes of denunciation, deterrence, and rehabilitation.

In light of the above, the court increased the sentence, imposing a term of imprisonment for the remaining offences, with an aggregate term of 7½ years and a non-parole period of 4 years. The court also imposed a Community Correction Order for the other matters. The court noted that the sentence imposed was still proportionate to the seriousness of the offences and that it would provide adequate deterrence and rehabilitation for the offender.

The court's final orders were that the offender be convicted of all offences as stated on the indictment and the section 166 certificate, and that the sentence be varied to reflect the increased term of imprisonment and the imposition of a Community Correction Order for certain matters.

Orders

Orders of the court

(1) Of the offences stated on the indictment and on the section 166 certificate the offender is convicted.

(2) In respect of count 1 and the section 166 certificate matters I impose in each case a Community Correction Order for a term of 2 years to date from today, and with the standard conditions.

(3) In respect of the remaining eight counts on the indictment, and with the Form 1 matters having been taken into account in relation to count 6, for the reasons set out herein the offender is sentenced to an aggregate term of imprisonment of 7½ years to date from 16 September 2020 and expiring on 15 March 2028, and with a non parole period of 4 years to date from 16 September 2020.

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.

Medium Neutral Citation:	R v Williams [2022] NSWDC 189
Hearing dates:	26 May 2022
Date of orders:	07 June 2022
Decision date:	07 June 2022
Jurisdiction:	Criminal
Before:	Priestley SC DCJ
Decision:	(1) Of the offences stated on the indictment and on the section 166 certificate the offender is convicted. (2) In respect of count 1 and the section 166 certificate matters I impose in each case a Community Correction Order for a term of 2 years to date from today, and with the standard conditions. (3) In respect of the remaining eight counts on the indictment, and with the Form 1 matters having been taken into account in relation to count 6, for the reasons set out herein the offender is sentenced to an aggregate term of imprisonment of 7½ years to date from 16 September 2020 and expiring on 15 March 2028, and with a non parole period of 4 years to date from 16 September 2020.
Catchwords:	CRIME — Firearms offences — Unauthorised use/possession of firearm CRIME — Drug offences — Manufacture prohibited drug CRIME — Drug offences — Cultivate prohibited plant CRIME — Participate in Criminal Group
Legislation Cited:	Firearms Act Drug Misuse & Trafficking Act Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW)
Cases Cited:	Muldrock (2011) 244 CLR 120 Redfern v R [2012] NSWCCA 178 MAK [2006] NSWCCA 381 Mill v The Queen [1988] HCA 70 Cahyadi v R [2007] NSWCCA 1 R v Mangano [2006] NSWCCA 35; (2006) ACrimR 480 R v Cook [2022] NSWDC 157
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:	Sentence
Parties:	Regina (Crown) Edward Williams (Offender)
Representation:	Swift Crown Prosecutor for the Director of Public Prosecutions for NSW Boulten SC Counsel for the Accused Randall Legal Solicitors for the Accused
File Number(s):	2020/00269638
Publication restriction:	Unrestricted