R v Williams

Case [2022] ACTSC 72


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Williams

Citation:

[2022] ACTSC 72

Hearing Dates:

15 December 2021

31 January 2022

23, 31 March 2022

DecisionDate:

8 April 2022

Before:

McWilliam AJ

Decision:

See [53]-[54]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Drug and Alcohol Treatment Order – trafficking in a controlled drug other than cannabis, namely methylamphetamine – dealing with the proceeds of crime – where history of substance abuse

Legislation Cited:

Crimes (Forensic Procedures) Act 2000 (ACT)

Crimes (Sentence Administration) Act 2005 (ACT) s 85
Crimes (Sentencing) Act 2005 (ACT) ss 10, 12A, 33, 35, 47K, 80W, 80ZA, 90
Crimes Act 1900 (ACT) ss 114B, 114C
Criminal Code 2002 (ACT) s 603

Criminal Code Regulation 2005 (ACT), sch 1

Cases Cited:

Buiv The Queen [2015] ACTCA 5

Cranfield v The Queen [2018] ACTCA 3
Hili v The Queen; Jones v The Queen [2010] HCA 45
R v Kilic [2016] HCA 48; 259 CLR 256
Lawrence v R  [2007] ACTCA 10
Makarian v R [2005] HCA 25; 228 CLR 357
McLeod v The Queen [2018] ACTCA 59
Monfries v R [2014] ACTCA 46
Muldrock v The Queen [2011] HCA 39
Pearce v The Queen [1998] HCA 57; 194 CLR 610
R v Bezan [2004] NSWCCA 342; 147 A Crim R 430
R v Bui [2014] ACTSC 182
R v Cole [2019] ACTSC 228
R v Dang [2005] NSWCCA 430
R v French [2020] ACTSC 133
R v French [2021] ACTSC 205
R v Hoang [2015] ACTSC 138
R v Hoang [2020] ACTSC 262
R v Le Pavoux [2017] ACTSC 330
R v MacDonnell [2002] NSWCCA 34; 128 A Crim R 44
R v Negah [2019] ACTSC 243
R v Nguyen (Supreme Court of the Australian Capital Territory, Penfold J, 5 April 2012)
R v O’Brien [2014] ACTSC 156
R v Speechly [2002] NSWCCA 300; 133 A Crim R 26
R v Toumo’ua [2017] ACTCA 9; 265 A Crim R 499
R v Zdravkovic [2015] ACTSC 393
R v Zhao [2017] ACTSC 385
R v Hyde [2020] ACTSC 301
Wong v The Queen [2001] HCA 64; 207 CLR 584
Zdravkovic v The Queen [2016] ACTCA 53

Parties:

The Queen (Crown)

David Williams (Offender)

Representation:

Counsel

M Dyason (Crown)

M Kukulies-Smith (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Kamy Saeedi (Offender)

File Number(s):

SCC 213 of 2021

SCC 214 of 2021

MCWILLIAM AJ:

  1. On 10 September 2021, the offender, Mr David Williams, pleaded guilty to the following charges:

(a)CAN 2020/14192 (Charge 1): trafficking in a controlled drug other than cannabis, contrary to s 603(7) of the Criminal Code 2002 (ACT) (Criminal Code), which carries a maximum penalty of 10 years’ imprisonment, a fine of $160,000, or both; and

(b)CAN 2020/14193 (Charge 2): dealing with proceeds of crime, contrary to s 114C of the Crimes Act 1900 (ACT) (Crimes Act).  This offence…

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R v Williams [2022] ACTSC 72
Case
[2022] ACTSC 72
Decision Date

CaseChat Overview and Summary

The case of R v Williams was heard in the Supreme Court of the Australian Capital Territory before McWilliam AJ. The offender, Mr David Williams, pleaded guilty to trafficking in a controlled drug other than cannabis, namely methylamphetamine, and to dealing with the proceeds of crime. The court had to decide on the objective seriousness of the offences, the subjective circumstances of the offender, and the appropriate sentence. The court found that the offender's role in the trafficking operation was significant, and the quantity of drugs and cash in his possession supported this finding. The court also found that the offender's involvement in the drug trade was motivated predominantly by profit, despite his need to supplement his legitimate income to fund his drug dependency. The court accepted that the offender had a history of substance abuse and had never served a full-time custodial sentence. The court imposed a sentence of three years' imprisonment for the trafficking offence, reduced to reflect the offender's guilty plea, and four and a half months' imprisonment for the dealing with proceeds of crime offence, also reduced to reflect the offender's guilty plea. The court also made a Drug and Alcohol Treatment Order for two years, beginning on 8 April 2022 and ending on 7 April 2024. The custodial part of the Order was suspended until 30 April 2025. The offender is required to sign an undertaking to comply with the offender's Good Behaviour obligations from the day after the end of the Drug and Alcohol Treatment Order, namely 8 April 2024 until the end of the total sentence, namely 30 April 2025.

Orders

Orders of the court

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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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