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
Mill v The Queen [1988] HCA 70
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…
Continue reading R v Williams
Sign in free to access the full text
- AGLC
- R v Williams [2022] NSWDC 189
- Case
- [2022] NSWDC 189
- Decision Date
CaseChat Overview and Summary
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.